Klein v. Heistein

Appellate Terms of the Supreme Court of New York

Klein v. Heistein

133 Misc. 704, 233 N.Y.S. 293, 1929 N.Y. Misc. LEXIS 685

CourtAppellate Terms of the Supreme Court of New York

DecidedFebruary 28, 1929

StatusPublished

This text of 133 Misc. 704 (Klein v. Heistein) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Klein v. Heistein, 133 Misc. 704, 233 N.Y.S. 293, 1929 N.Y. Misc. LEXIS 685 (N.Y. Ct. App. 1929).

Pincite

Opinion

Per Curiam.

Apart from the oral agreement testified to in behalf of the plaintiff, upon the proofs the plaintiff was entitled to recover the deposit less the amount of rent due at the time of the dispossession, for the reason that the issuing of the warrant in the summary proceeding brought against the lessee canceled the lease, and the covenant authorizing the landlord in case the premises became vacant to re-enter and relet as agent of the tenant did not survive the cancellation of the lease by the summary proceeding, but merely provided for the contingency of the premises becoming vacant and the landlord reletting as agent of the tenant for the balance of an unexpired and uncanceled term. (Kottler v. N. Y. Bargain House, Inc., 242 N. Y. 28; Rosenfeld v. Aaron, 248 id. 437.)

Judgment reversed and a new trial ordered, with costs to appellant to abide the event.

All concur; present, Lydon, Callahan and Peters, JJ.

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Per Curiam.

Apart from the oral agreement testified to in behalf of the plaintiff, upon the proofs the plaintiff was entitled to recover the deposit less the amount of rent due at the time of the dispossession, for the reason that the issuing of the warrant in the summary proceeding brought against the lessee canceled the lease, and the covenant authorizing the landlord in case the premises became vacant to re-enter and relet as agent of the tenant did not survive the cancellation of the lease by the summary proceeding, but merely provided for the contingency of the premises becoming vacant and the landlord reletting as agent of the tenant for the balance of an unexpired and uncanceled term. (Kottler v. N. Y. Bargain House, Inc., 242 N. Y. 28; Rosenfeld v. Aaron, 248 id. 437.)

Judgment reversed and a new trial ordered, with costs to appellant to abide the event.

All concur; present, Lydon, Callahan and Peters, JJ.

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Bluebook (online)

133 Misc. 704, 233 N.Y.S. 293, 1929 N.Y. Misc. LEXIS 685, Counsel Stack Legal Research, https://law.counselstack.com/opinion/klein-v-heistein-nyappterm-1929.

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