188 A.D. 129 | N.Y. App. Div. | 1919
The parties hereto entered into a written lease of certain premises for a term of five years from May 1, 1916, at a stipulated rent payable in equal monthly installments. The defendant was dispossessed by summary proceedings for failure to pay the rent due for the month of July, 1917. The lease contained a covenant that if any rent should be due and unpaid, or if default should be made in any of the covenants therein contained, then it should be lawful for the plaintiff to re-enter and resume possession of said premises and the same to have again, repossess and enjoy by summary proceedings, by force or otherwise, without being liable to prosecution therefor. In case of such re-entry or in case the tenant were
In a very recent case (Mann v. Munch Brewery, 225 N. Y. 189) there was a similar covenant of continuing liability which survived dispossess proceedings and the action was brought a year before the demised term would have expired for certain monthly installments of rent. .One of the
Clarke, P. J., Latjghlin, Dowling and Merrell, JJ., concurred.
Determination reversed and judgment of Municipal Court affirmed, with costs to appellant in this court and the Appellate Term.