Appellate Terms of the Supreme Court of New York, 1912

Owners' Syndicate Co. v. Koelble

Owners' Syndicate Co. v. Koelble
Appellate Terms of the Supreme Court of New York · Decided April 16, 1912 · Bijur
134 N.Y.S. 925 (New York Supplement)

Counsel

Henry S. Dottenheim, of New York City, for appellant., M. Carl Levine, of New York City, for respondent.

Owners' Syndicate Co. v. Koelble

Opinion of the Court

BIJUR, J.

An owner re-entered an apartment of defendant on July 20th and had it cleaned. Prior to this, defendant had paid the July rent, but had told and written the landlord that he had 'moved. The landlord, however, by the terms of the lease, was expressly awarded the right, if the premises “became vacant by the voluntary removal of the lessee,” to re-enter and re-lease for the tenant’s benefit. This is all that he did in the case at bar, and the landlord should have recovered for the August rent and half of September.

Judgment reversed, and new trial granted, with costs to appellant to abide the event. All concur.

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