Halpern v. . Manhattan Avenue Theatre Corporation
Cases that cite this one
15 later published cases cite this decision.
- Burlingame v. Meyer (2d Cir. 1930)
- Selts Investment Co. v. Promoters of the Federated Nations of the World, Inc. (Wis. 1929)
- Stimpson v. Minsker Realty Co. (Appellate Division of the Supreme Court of New York 1917)
- Rose Container Corp. v. Lieberman (Civil Court of the City of New York 1963)
- Bedford Myrtle Corp. v. Martin (New York Supreme Court 1960)
- Pollack v. Briguglio (City of New York Municipal Court 1937)
- Fields Holding Co. v. Chanbrook Realty Co. (Appellate Division of the Supreme Court of New York 1936)
- Jacob Ruppert Realty Corp. v. Bank of United States (New York Supreme Court 1935)
- Ambler Garage, Inc. v. People (Appellate Division of the Supreme Court of New York 1932)
- Hermitage Co. v. Levine (N.Y. 1928)
- Lenco, Inc. v. Hirschfeld (N.Y. 1928)
- Rosenfeld v. Aaron (N.Y. 1928)
- Seidlitz v. Auerbach (Appellate Division of the Supreme Court of New York 1919)
- Darmstadt v. Knickerbocker Chandelier & Electrical Supply Co. (Appellate Division of the Supreme Court of New York 1919)
- Sockloff v. Burstein (Appellate Division of the Supreme Court of New York 1917)
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
The six thousand dollars was deposited “ as security ” to protect the landlord against loss and damage during the term of the lease as prescribed thereby. Many covenants of the lease, by express agreement of the parties, survive the judgment in the summary proceeding and the execution of the warrant thereon. (Michaels v. Fishel, 169 N. Y. 381, 387; Hall v. Gould, 13 N. Y. 127,134; Anzolone v. Paskusz, 96 App. Div. 188; Feyer v. Reiss, 154 App. Div. 272; Slater v. Von Chorus, 120 App. Div. 16.) This action, which was commenced within four months after the beginning of the leasehold term, is premature and cannot be sustained.
The other questions presented are not passed upon.
The order should be affirmed, with costs, and question certified answered in the negative.
Hiscock, Ch. J., Chase, Cuddeback, Hogan, Pound, McLaughlin and Andrews, JJ., concur.
Order affirmed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.