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BOULEVARD ASSOCIATES v. SOVEREIGN HOTELS, INC.

Nos. 42, 257, Docket 94-9020, 94-9090.

72 F.3d 1029 (1995)

BOULEVARD ASSOCIATES, A General Partnership, Plaintiff-Appellee-Cross-Appellant, v. SOVEREIGN HOTELS, INC., Daka, Inc. and Daka International, Inc., Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 15, 1995.

Attorney(s) appearing for the Case

John E. Coyne, Menard, Murphy & Walsh, Boston, Mass. (Clifford Thau, Squadron, Ellenoff, Pleasent, Sheinfeld & Sorkin, New York City, on the brief), for defendants-appellants-cross-appellees.

Frederick S. Gold, Cohen & Wolf, P.C., Stamford, Conn. (Daniel F. Wolf, Cohen & Wolf, P.C., on the brief), for plaintiff-appellee-cross-appellant.

Before: CARDAMONE, MINER, and CALABRESI, Circuit Judges.

CALABRESI, Circuit Judge:

The legal relationship between landlords and tenants is a strange hybrid of contract and property law. When a tenant fails to pay rent, Connecticut law, recognizing the hybrid, allows the landlord to choose either a contract remedy or a property remedy — but does not permit both. The landlord can terminate the lease and sue for damages based on the contract relationship. Or, the landlord can opt to maintain the lease and, based on...

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