Home/New York Court of Appeals/Metropolitan Life Insurance v. Hellinger

Metropolitan Life Insurance v. Hellinger

3 N.E.2d 621, 272 N.Y. 24, 1936 N.Y. LEXIS 861
CourtNew York Court of Appeals
DecidedJuly 8, 1936
StatusPublished
Cited by9 cases

This text of 3 N.E.2d 621 (Metropolitan Life Insurance v. Hellinger) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Metropolitan Life Insurance v. Hellinger, 3 N.E.2d 621, 272 N.Y. 24, 1936 N.Y. LEXIS 861 (N.Y. 1936).

Opinion

Per Curiam.

We do not reach the question of what defendant’s obligations, if any, would have been had there been a mere technical surrender of the master lease and nothing more. The terms of the agreement of September 13, 1930, clearly and as matter of law disclose an intent that the subleases were to be kept alive and that the owner should stand in the shoes of the defendant’s immediate lessor. In effect there was an assignment of the subleases. Any narrower interpretation would be inequitable. Under such circumstances the doctrine of merger is inapplicable. (Beal v. Boston Car Spring Co., *27 125 Mass. 157; Appleton v. Ames, 150 Mass. 34; cf. 13 Columbia Law Rev. 245.)

The order should be affirmed, with costs, and the question certified answered in the negative.

Crane, Ch. J., Lehman, O’Brien, Hubbs, Grouch, Loughran and Finch, JJ., concur.

Order affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Benderson v. Computer Task Group, Inc.
216 A.D.2d 922 (Appellate Division of the Supreme Court of New York, 1995)
48th Street Steakhouse, Inc. v. Rockefeller Group, Inc. (In re 48th Street Steakhouse, Inc.)
835 F.2d 427 (Second Circuit, 1987)
17 Collier bankr.cas.2d 1415, Bankr. L. Rep. P 72,135 in Re 48th Street Steakhouse, Inc., Debtor. 48th Street Steakhouse, Inc. v. Rockefeller Group, Inc., and Rockefeller Center Properties, I.S.H. Liquidating Corp. And Dornbush Mensch & Mandelstam
835 F.2d 427 (Second Circuit, 1987)
In re Monetary Group
73 B.R. 630 (M.D. Florida, 1987)
Lippe v. Professional Surgical Supply Co.
132 Misc. 2d 293 (Civil Court of the City of New York, 1986)
Futterman v. South African Airways
126 Misc. 2d 90 (New York Supreme Court, 1984)
Precision Dynamics Corp. v. Retailers Representatives, Inc.
120 Misc. 2d 180 (Civil Court of the City of New York, 1983)
Mutual Drug Co. v. Sewall
182 S.W.2d 575 (Supreme Court of Missouri, 1944)
Bond, Mortgage & Securities Co. v. Surplus Wholesale Corp.
162 Misc. 586 (City of New York Municipal Court, 1937)

Cite This Page — Counsel Stack

Bluebook (online)
3 N.E.2d 621, 272 N.Y. 24, 1936 N.Y. LEXIS 861, Counsel Stack Legal Research, https://law.counselstack.com/opinion/metropolitan-life-insurance-v-hellinger-ny-1936.