1. Home
  2. Browse Decisions
  3. N.Y.
  4. 300 N.Y.
  5. 300 N.Y. 587 (1949)
 

500 FIFTH AVE., INC. v. DALSHEIM

300 N.Y. 587 (1949)

500 Fifth Avenue, Inc., Respondent, v. Morris D. Dalsheim, Appellant.

Court of Appeals of the State of New York.

Decided December 29, 1949

Attorney(s) appearing for the Case

Alexander Bicks and Bernard A. Helfat for appellant.

Orrin G. Judd, Sidney B. Moskovitz and Saul A. Shames for respondent.

Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, and BROMLEY, JJ. FULD, J., dissents in opinion.

Judgment affirmed, with costs. [See 300 N.Y. 680.]

FULD, J. (dissenting).

The court is here holding that, in dealing with percentage rent leases, the rental that may be charged is not that payable on the statutory freeze date — the situation in all other cases — but rather the rental provided for in a lease in force when the statute became effective, which was about a year after the freeze date. The...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases