Silverstein v. Tonjes
This text of 158 N.Y.S. 1131 (Silverstein v. Tonjes) 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 action is to recover a deposit made by plaintiff with defendants upon the execution of a lease from defendants to plaintiff. The deposit was to insure the performance upon the part of the plaintiff of the covenants of the lease. In case of the breach of the covenants the deposit was to be considered liquidated' damages. There are many authorities upon the question raised by the appellant, but under the decision rendered in the case of Feinsot v. Burstein, 161 App. Div. 651, 146 N. Y. Supp. 939, we think the court should have taken the proofs offered by the plaintiff. Judgment should therefore be reversed, and a new trial ordered, with $30 costs to appellant to abide the event.
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Cite This Page — Counsel Stack
158 N.Y.S. 1131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/silverstein-v-tonjes-nyappterm-1916.