MANHATTAN SYNDICATE v. RYAN


14 A.D.2d 323 (1961)

Manhattan Syndicate, Inc., Appellant-Respondent, v. John Ryan et al., Respondents-Appellants

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

October 24, 1961.


Attorney(s) appearing for the Case

Marvin Usdin for appellant-respondent.

Sidney N. Zipser of counsel (Howard E. Levitt with him on the brief; Zipser & Levitt, attorneys), for respondents-appellants.

VALENTE, McNALLY, STEVENS and STEUER, JJ., concur.


BREITEL, J. P.

Landlord and tenants cross-appeal from denial of cross-motions for summary judgment in an action brought by landlord against tenants to recover $10,500. That sum is claimed under an agreement collateral to the lease which provided for repayment of such sum in the event of breach of the terms of the lease by tenants.

In 1958 plaintiff landlord's predecessor and tenants' assignors made a...

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