DAVE HERSTEIN CO., INC. v. COLUMBIA PICTURES CORP.


3 A.D.2d 907 (1957)

Dave Herstein Co., Inc., Appellant, v. Columbia Pictures Corp., Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

May 21, 1957


The plaintiff seeks to recover for a breach of a covenant of quiet enjoyment contained in its original agreement of lease as projected into a statutory tenancy. According to the plaintiff, the breach occurred "on and after October 30, 1955." Concededly, the plaintiff paid no rent for November, although the clause in issue is predicated upon the payment of rent. That alone would be sufficient to require affirmance of the dismissal of the complaint. Moreover, another cogent...

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