195 A.D. 52 | N.Y. App. Div. | 1921
On the 19th day of September, 1914, William Sherwood and John Sherwood leased to Herman Rakov “ The Theater, known as the Sherwood Theater, including the auditorium, stage, dressing rooms and passageway leading from the stage to the dressing rooms, located in the new Sherwood Block on the west side of Peterboro Street in the village of Canastota, New York, together with the use, in common with other tenants of the block, of the lobby leading from Peterboro Street to the auditorium; also the use, in common with other tenants of the block, of the stairway and hall leading from Peterboro Street to the box of said Theater on the second floor. ’ ’ The term under said lease was to commence and did commence September 21, 1914; it was for a period of five years, to end September 20,1919. The rent reserved in the lease is $100 a month for occupation and $10 a month additional “ from the time the fire is started in. the heating plant in the fall of each year until it is allowed to go out in the spring of each year during the term of this lease.” It was stipulated that at the commencement of the term “ all electric fixtures and electric bulbs are in perfect condition.” It is further provided in said lease: “And further agrees to save the parties of the first part free, clear and harmless from any and all damages, actions or causes of action that may result from any cause by reason of the conducting of the said theater during the term of this lease.” Again, it is further provided as follows: “ It is further understood and agreed, that should the party of the second part at any time fail, neglect or refuse to perform the covenants herein specified for him to perform, or either of them or fail to pay his rent or any part thereof, at the time it shall become due and payable, the parties of the first part at their option may immediately terminate this lease upon three days’ notice and remove said party of the second
“ Please take notice that whereas, you are occupying and operating the Theater or Moving Picture Show in the Sherwood block on the west side of Peterboro Street in the Village of Canastota, N. Y., in pursuance of the terms of the lease made and executed on the 19th day of September, 1914, between William Sherwood and John Sherwood and yourself, and
“Whereas, said lease contains a provision giving the owner thereof the right to terminate the lease in case you fail, neglect or refuse to perform the covenants contained in said contract, and
“ Whereas, you have heretofore failed, neglected and refused and still fail to perform said covenants, the undersigned, in pursuance of the option given him according to the terms of said lease, hereby cancels and terminates the same and hereby gives you notice that you must remove from said premises on or before the 21st day of November, 1919.
[Signed] “ RALPH BALDUCCI.
“ Dated Canastota, N. Y., November 1st, 1919.
“ To Herman Rakov.”
There is no assignment in the record of this lease from Herman to Lena Rakov, but there is a stipulation that the
The order should be affirmed, with costs.
Order unanimously affirmed, with costs; H. T. Kellogg, J., not sitting.