One University Place, Inc. v. Egan

Appellate Terms of the Supreme Court of New York

One University Place, Inc. v. Egan

6 Misc. 2d 212, 158 N.Y.S.2d 823, 1956 N.Y. Misc. LEXIS 1391

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 21, 1956

StatusPublished

Cited by1 cases

This text of 6 Misc. 2d 212 (One University Place, Inc. v. Egan) 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

One University Place, Inc. v. Egan, 6 Misc. 2d 212, 158 N.Y.S.2d 823, 1956 N.Y. Misc. LEXIS 1391 (N.Y. Ct. App. 1956).

Pincite

Opinion

Per Curiam.

A condition against underletting is not a single condition, so that a waiver of one breach in the term will not excuse the second. A waiver of the covenant, or of a breach of the covenant, against subletting does not sanction subsequent subleases, and a provision in the lease to such effect is valid and binding. So, too, the landlord’s consent to a subletting does not sanction subsequent subleases (Fischer v. Ginzburg, 191 App. Div. 418, 422; 1 Rasch on Landlord and Tenant, § 115; 2 Taylor on Landlord and Tenant [9th ed.], § 501; 51 C. J. S., Landlord and Tenant, § 34, p. 549).

The final order and judgment so far as appealed from should be reversed, with $30 costs, and counterclaim dismissed, with costs.

Eder, Hbcht and Tilzer, JJ., concur.

Final order and judgment so far as appealed from reversed, etc.

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Per Curiam.

A condition against underletting is not a single condition, so that a waiver of one breach in the term will not excuse the second. A waiver of the covenant, or of a breach of the covenant, against subletting does not sanction subsequent subleases, and a provision in the lease to such effect is valid and binding. So, too, the landlord’s consent to a subletting does not sanction subsequent subleases (Fischer v. Ginzburg, 191 App. Div. 418, 422; 1 Rasch on Landlord and Tenant, § 115; 2 Taylor on Landlord and Tenant [9th ed.], § 501; 51 C. J. S., Landlord and Tenant, § 34, p. 549).

The final order and judgment so far as appealed from should be reversed, with $30 costs, and counterclaim dismissed, with costs.

Eder, Hbcht and Tilzer, JJ., concur.

Final order and judgment so far as appealed from reversed, etc.

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Bluebook (online)

6 Misc. 2d 212, 158 N.Y.S.2d 823, 1956 N.Y. Misc. LEXIS 1391, Counsel Stack Legal Research, https://law.counselstack.com/opinion/one-university-place-inc-v-egan-nyappterm-1956.

Opinion

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