Pitman v. White
This text of 138 Misc. 556 (Pitman v. White) 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.
Opinion
The provisions of the lease with regard to the effect of non-payment of rent created a condition and not a conditional limitation. (Burnee Corp. v. Uneeda Pure Orange Drink Co., 132 Misc. 435.) While a summary proceeding might have been brought under subdivision 2 of section 1410 of the Civil Practice Act, for failure to pay the rent, the present proceeding, brought under subdivision 1 on the theory that the term had expired, will not he.
Order reversed, with ten dollars costs, and petition dismissed, with costs.
All concur; present, Lydon, Levy and Frankenthaler, JJ.
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Cite This Page — Counsel Stack
138 Misc. 556, 246 N.Y.S. 619, 1930 N.Y. Misc. LEXIS 1705, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pitman-v-white-nyappterm-1930.