Metropolitan Life Insurance v. Hellinger
Cases that cite this one
8 later published cases cite this decision. The 7 that cite it most often are listed here.
- In re Monetary Group (United States Bankruptcy Court, M.D. Florida 1987)
- 48th Street Steakhouse, Inc. v. Rockefeller Group, Inc. (In re 48th Street Steakhouse, Inc.) (2d Cir. 1987)
- Benderson v. Computer Task Group, Inc. (Appellate Division of the Supreme Court of New York 1995)
- Lippe v. Professional Surgical Supply Co. (Civil Court of the City of New York 1986)
- Futterman v. South African Airways (New York Supreme Court 1984)
- Precision Dynamics Corp. v. Retailers Representatives, Inc. (Civil Court of the City of New York 1983)
- Bond, Mortgage & Securities Co. v. Surplus Wholesale Corp. (City of New York Municipal Court 1937)
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
We do not reach the question of what defendant’s obligations, if any, would have been had there been a mere technical surrender of the master lease and nothing more. The terms of the agreement of September 13, 1930, clearly and as matter of law disclose an intent that the subleases were to be kept alive and that the owner should stand in the shoes of the defendant’s immediate lessor. In effect there was an assignment of the subleases. Any narrower interpretation would be inequitable. Under such circumstances the doctrine of merger is inapplicable. (Beal v. Boston Car Spring Co., *27 125 Mass. 157; Appleton v. Ames, 150 Mass. 34; cf. 13 Columbia Law Rev. 245.)
The order should be affirmed, with costs, and the question certified answered in the negative.
Crane, Ch. J., Lehman, O’Brien, Hubbs, Grouch, Loughran and Finch, JJ., concur.
Order affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.