Pitman v. White

Appellate Terms of the Supreme Court of New York

Pitman v. White

138 Misc. 556, 246 N.Y.S. 619, 1930 N.Y. Misc. LEXIS 1705

Appellate Terms of the Supreme Court of New York·Decided December 16, 1930·Published·Cited by 1 cases

Opinion

Per Curiam.

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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Per Curiam.

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.

Pitman v. White, 138 Misc. 556, 246 N.Y.S. 619, 1930 N.Y. Misc. LEXIS 1705 (N.Y. Ct. App. 1930).

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