Lonergan v. Leibinger

Order denying motion for judgment on the pleadings reversed on the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. There was no provision in the lease that re-entry included re-entry by dispossess proceedings so as to preserve the right to the landlord to hold the tenant liable for rent after dispossess. (Michaels v. Fishel, 169 N. Y. 381, 389.) Lazansky, P. J., Young, Tompkins and Davis, JJ., concur; Scudder, J., dissents and votes to affirm.