13 Abb. N. Cas. 82 | New York Marine Court | 1882
The determination of this motion depends upon whether the provision in the lease creates a conditional limitation or a condition subsequent.
The distinction between this case and Miller v. Levi (44 N. Y. 489), although close, is yet obvious, upon examination. Whether a provision is to be construed as a condition or as a limitation of the estate must depend upon the language employed; and a slight change in the phraseology used in the present lease might have brought it within the rule creating a limitation ; but the present form of the lease creates no more than a condition subsequent.
Conditions tending to defeat a grant are always strictly constrned ; and by applying this rule of interpretation to this case, it follows that the proceedings must be dismissed and the landlord remitted to his appropriate remedy by action.
Order accordingly.