Pitman v. White

Appellate Terms of the Supreme Court of New York

Decided December 16, 1930

Appellate Terms of the Supreme Court of New York · decided 1930-12-16

Relies on Burnee Corp. v. Uneeda Pure Orange Drink Co.

Good law ✅— No negative treatment on recordhow we know

Decided 1930-12-16

How this case has been cited

Cited by 4 later decisions — most recently April 1961

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1The provisions of the lease with regard to the effect of non-payment of rent created a condition and not a conditional limitation. (Burnee Corp. v. Uneeda Pure Orange Drink Co., 132 Misc. 435.) While a summary proceeding might have been brought under subdivision 2 of section 1410 of the Civil Practice Act, for failure to pay the rent, the present proceeding, brought under subdivision 1 on the theory that the term had expired, will not he.

¶2Order reversed, with ten dollars costs, and petition dismissed, with costs.

¶3All concur; present, Lydon, Levy and Frankenthaler, JJ.