Rose Container Corp. v. Lieberman

Appellate Terms of the Supreme Court of New York

Rose Container Corp. v. Lieberman

42 Misc. 2d 581, 248 N.Y.S.2d 501, 1964 N.Y. Misc. LEXIS 2065

CourtAppellate Terms of the Supreme Court of New York

DecidedFebruary 20, 1964

StatusPublished

Cited by1 cases

This text of 42 Misc. 2d 581 (Rose Container Corp. v. Lieberman) 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

Rose Container Corp. v. Lieberman, 42 Misc. 2d 581, 248 N.Y.S.2d 501, 1964 N.Y. Misc. LEXIS 2065 (N.Y. Ct. App. 1964).

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Opinions

Per Curiam.

Plaintiff’s action for return of security deposited under the terms of the lease between the parties is premature. Having breached the lease, plaintiff’s liability under its terms survived the date fixed in defendants ’ notice of termination and continues to the expiration date fixed in the lease (Rand v. Rifkin, 263 N. Y. 416; International Pub. v. Matchabelli, 260 N. Y. 451; Matter of Homann, 45 F. 2d 481).

Defendants are entitled to partial summary judgment for use and occupation from June 15 to August 30, 1962, as agreed to by the parties,, and for damages attributable to plaintiff’s failure to pay rent, in accordance with the terms of the lease for the period from ■ August 31, 1962 to the date when the counterclaim was ijaterposed.

The judgment and order should be reversed, with $10 costs to defendants, and plaintiff’s motion for partial summary judgment denied; defendants’ cross motion for partial summary judgment granted; plaintiff’s first cause of action dismissed and partial summary judgment granted to defendants on their first and third counterclaims as hereinafter indicated, matter remitted to court below for an assessment of damages in accordance herewith and balance of defendants’ counterclaim and plaintiff’s secqnd cause of action are severed.

Brows and Groat, JJ., concur.

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Per Curiam.

Plaintiff’s action for return of security deposited under the terms of the lease between the parties is premature. Having breached the lease, plaintiff’s liability under its terms survived the date fixed in defendants ’ notice of termination and continues to the expiration date fixed in the lease (Rand v. Rifkin, 263 N. Y. 416; International Pub. v. Matchabelli, 260 N. Y. 451; Matter of Homann, 45 F. 2d 481).

Defendants are entitled to partial summary judgment for use and occupation from June 15 to August 30, 1962, as agreed to by the parties,, and for damages attributable to plaintiff’s failure to pay rent, in accordance with the terms of the lease for the period from ■ August 31, 1962 to the date when the counterclaim was ijaterposed.

The judgment and order should be reversed, with $10 costs to defendants, and plaintiff’s motion for partial summary judgment denied; defendants’ cross motion for partial summary judgment granted; plaintiff’s first cause of action dismissed and partial summary judgment granted to defendants on their first and third counterclaims as hereinafter indicated, matter remitted to court below for an assessment of damages in accordance herewith and balance of defendants’ counterclaim and plaintiff’s secqnd cause of action are severed.

Brows and Groat, JJ., concur.

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Bluebook (online)

42 Misc. 2d 581, 248 N.Y.S.2d 501, 1964 N.Y. Misc. LEXIS 2065, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rose-container-corp-v-lieberman-nyappterm-1964.

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