CONDITIONER LEASING v. STERNMOR REALTY


17 N.Y.2d 1 (1966)

Conditioner Leasing Corp., Respondent, v. Sternmor Realty Corp., Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided January 13, 1966.


Attorney(s) appearing for the Case

Joseph Greenberg, Murray L. Gilman and Isidore A. Seltzer for appellant.

Burton M. Fine, Robert L. Tofel and Meyer Maltz for respondent.

Chief Judge DESMOND and Judges FULD, BURKE, SCILEPPI and BERGAN concur with Judge VAN VOORHIS; Judge KEATING dissents in a separate opinion.


VAN VOORHIS, J.

Regardless of whether appellant be deemed to have assumed the lessee's obligations under this lease of air-conditioning equipment, the cases hold that having taken possession of the leased property under the circumstances disclosed by the record, appellant became at least an assignee, and, therefore, liable for payment of the accelerated balance of rent without assumption of the lease (Gillette...

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