Lonergan v. Leibinger

Appellate Division of the Supreme Court of New York

Lonergan v. Leibinger

240 A.D. 732

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 15, 1933

StatusPublished

This text of 240 A.D. 732 (Lonergan v. Leibinger) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lonergan v. Leibinger, 240 A.D. 732 (N.Y. Ct. App. 1933).

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Opinion

Order denying motion for judgment on the pleadings reversed on the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. There was no provision in the lease that re-entry included re-entry by dispossess proceedings so as to preserve the right to the landlord to hold the tenant liable for rent after dispossess. (Michaels v. Fishel, 169 N. Y. 381, 389.) Lazansky, P. J., Young, Tompkins and Davis, JJ., concur; Scudder, J., dissents and votes to affirm.

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Order denying motion for judgment on the pleadings reversed on the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. There was no provision in the lease that re-entry included re-entry by dispossess proceedings so as to preserve the right to the landlord to hold the tenant liable for rent after dispossess. (Michaels v. Fishel, 169 N. Y. 381, 389.) Lazansky, P. J., Young, Tompkins and Davis, JJ., concur; Scudder, J., dissents and votes to affirm.

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Bluebook (online)

240 A.D. 732, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lonergan-v-leibinger-nyappdiv-1933.

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