Sears Roebuck & Co. v. 9 Avenue-31 Street Corp.

Appellate Division of the Supreme Court of New York

Sears Roebuck & Co. v. 9 Avenue-31 Street Corp.

248 A.D. 719

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 15, 1936

StatusPublished

This text of 248 A.D. 719 (Sears Roebuck & Co. v. 9 Avenue-31 Street Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sears Roebuck & Co. v. 9 Avenue-31 Street Corp., 248 A.D. 719 (N.Y. Ct. App. 1936).

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Opinion

The action was brought to recover from both defendants the sum of $136,625.88. The complaint sets forth two causes of action. The first is against the corporate defendant alone, and is predicated upon the breach of the terms of a written lease entered into between the plaintiff as tenant and the corporate defendant as landlord. The second cause of action is brought on a bond given by the corporate defendant, as principal, and the defendant Max N. Natanson, as surety, to secure the plaintiff against a breach of the terms of the lease by the corporate defendant from January 15, 1931, to December 31, 1931, during which period of time the rent was prepaid by the plaintiff. The court directed a verdict in favor of plaintiff for $10,415.27, with interest in the sum of $3,054.24, making a total of $13,469.51, against the defendants, and also directed a verdict in favor of the corporate defendant upon its counterclaim, and against plaintiff, in the sum of $12,980, with interest in the sum of $3,986.42, making a total of $16,966.42. Judgment was entered in favor of the corporate defendant, and against plaintiff, for the difference between the verdicts directed, plus costs, which amounted in all to $3,624.01, after trial at Trial Term, a jury having been waived. Judgment unanimously affirmed, with costs. No opinion. Present — Martin, P. J., McAvoy, Townley and Cohn, JJ. [158 Misc. 689.]

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The action was brought to recover from both defendants the sum of $136,625.88. The complaint sets forth two causes of action. The first is against the corporate defendant alone, and is predicated upon the breach of the terms of a written lease entered into between the plaintiff as tenant and the corporate defendant as landlord. The second cause of action is brought on a bond given by the corporate defendant, as principal, and the defendant Max N. Natanson, as surety, to secure the plaintiff against a breach of the terms of the lease by the corporate defendant from January 15, 1931, to December 31, 1931, during which period of time the rent was prepaid by the plaintiff. The court directed a verdict in favor of plaintiff for $10,415.27, with interest in the sum of $3,054.24, making a total of $13,469.51, against the defendants, and also directed a verdict in favor of the corporate defendant upon its counterclaim, and against plaintiff, in the sum of $12,980, with interest in the sum of $3,986.42, making a total of $16,966.42. Judgment was entered in favor of the corporate defendant, and against plaintiff, for the difference between the verdicts directed, plus costs, which amounted in all to $3,624.01, after trial at Trial Term, a jury having been waived. Judgment unanimously affirmed, with costs. No opinion. Present — Martin, P. J., McAvoy, Townley and Cohn, JJ. [158 Misc. 689.]

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Bluebook (online)

248 A.D. 719, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sears-roebuck-co-v-9-avenue-31-street-corp-nyappdiv-1936.

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