Nerak Realty Corp. v. Cargo Packers, Inc.

Full title: NERAK REALTY CORP., Respondent, v. CARGO PACKERS, INC., Appellant

Court: Supreme Court, Appellate Term, Second Department

Date published: Mar 24, 1959

17 Misc. 2d 930 (N.Y. App. Term 1959)

192 N.Y.S.2d 173

Opinion

March 24, 1959

Appeal from the Municipal Court of the City of New York, Borough of Brooklyn, DOMINIC S. RINALDI, J.

Jacob W. Friedman for appellant.

Michael Levine for respondent.

Per Curiam.

Under the circumstances here disclosed, no summary proceeding is maintainable against the tenant-appellant Cargo Packers, Inc., predicated on the tenant-assignee's nonpayment of rent due under the lease. The landlord's remedy, if it be so advised, is by way of an action at law at which its right to recover the rent here sued for can be litigated and determined ( Radlog Realty Corp. v. Geiger, 254 App. Div. 352; S.Z.B. Corp. v. Weinman Wynn, 53 N.Y.S.2d 303).

The final order and judgment as against the tenant-appellant Cargo Packers, Inc., should be unanimously reversed on the law, with $30 costs to that appellant, and petition as against it dismissed with appropriate costs in the court below; without prejudice to the landlord's right, if it be so advised, to bring an action at law for the rent claimed to be due.

Concur — PETTE, DI GIOVANNA and BENJAMIN, JJ.

Final order reversed, etc.