Bernstein v. Bernstein
Cases that cite this one
1 later published case cites this decision.
- Madison 52nd Corp. v. Ogust (Civil Court of the City of New York 1966)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Judgment reversed upon the law, with costs, and judgment directed for plaintiff for the forfeiture of defendant’s lease and for the recovery by plaintiff of possession of the premises. We think there was a deliberate and willful violation by defendant of the condition and covenant contained in the lease against placing signs upon the building in question. (Plumb v. Tubbs, 41 N. Y. 442; Munro v. Syracuse, etc., R. R. Co., 200 id. 224; Southwick v. N. Y. Christian Missionary Society, 151 App. Div. 116; Rose v. Hawley, 141 N. Y. 366, 374.) Jaycox, Manning and Young, JJ., concur; Kelly, P. J., and Kapper, J., dissent, and vote to affirm on the opinion of Mr. Justice Carswell at Trial Term.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.