The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-09-02
AR0NSONS GET THE CASINO
RICHTER BIEN'S REDEMPTION
PROCEEDINGS SUCCEED.

Canary a Iederer's Lease Docs Not Hold
Civil Justice stincr Issues n Final Order
Directing That They Must vacate on
May 4 Next Year Instead or In
Decision was rendered yesterday by Civil Jus
tico Stiner in the redemption proceedings
brought In the Eighth District Court by Frank
lin Bien rs receiver Of tho Casino Company
against Robert F. Bixby, owner of the Casino
building. Tho order practically terminates the
lease OF the present tenants Of the Casino. Ca
nary & Ledercr, which was to run till 1900. and
restores possession of the property to the Aron-
son people, who constitute the Casino Company,
and who we're elected from II over two years ago.
The Casino Company leased the Casino prop
erty In September, 1894, for ten years, at an
annual rental OF $12,0 900. Tho company agreed
TO pay all the taxes, assessments, Sc, and make
all repairs. The ront was payable quarterly In
advance. In May. 1925. the landlord alleged
that the company was behind $4,000 for rent,
and began dispossess proceedings In the Eighth
District Court. which resulted in tho issuance OF
q warrant and the cjectment from the premises
Of the Casino. Company. A few weeks later the
building was leased to Thomas Canary. the pres.
landlord 10 pay ali taxes, Sc.
The law provides that where a special pro.
seodinE is founded upon an allegation that 2
lessee holds over after u default in payment OF
rent, and the uneHpired term of tho lease eX-
ceeds fve years at the time tho warrant is
lSSutu, Nv blhy "llDih u 1tAI u tiio
execution Of the warrant pay or tender TO the
landlord all the arrears of rent with the interest,
costs, and charges Incurred by the landlord.
Thercupon the lessee shall be entitled to tho
possession Of the premises under the original
lease.
In accordance with this provision, Franklin
Bien, who was appointed receiver OF the Casino
Company in November, 1898. commenced no.
demption proceedings in the Eighth District
Court in April OF the following year 70 regain
possession Of the property. He rendered 81 1890.
which included the accrued rent and costs and
charges OF the dispossess proceedings. The land
lord contcnded that the tender was insufficient.
as 1t did not cover the taxes in arrears, which
was n lion upon the property and which tho
tenant had agreed to pay, and certain expenses
incurred by the landlord subsequent to the dis
possess proceedings, In making necessary, alter
Ing Department.
decided against the receiver, who appealed TO
the Appellate Term. which reversed the triRl
Judge. and returned tho case to Justice Stincr,
directing him 10 make an order which would
establish the rights and liabilities OF tho parties
ticc required. In conformity with the opinion
OF tho Appellate Term Justice Stiner handed
down IA final order yesterday. holding that the
Casino Company was entitled to all the rents
collected by the landlord from the present ten
ants since the company was disposscsscd down
TO Sept. l, 1897. amounting to S6T 900. which
should constitute the Casino Conpany's Offset
TO the expenditures OF the landlord. which foot
up Ss3, 600. These expenses included taxes,
water rents. assessments. rental value OF the
furniture and furnishings of the theatre, insur-
anCc. two years rent. fire apparatus. &c.
The final order directs the Casino Company to
pay the landlord SlB.OOO. the difference between
the $4,000 and $4,000. II this is done within
twenty days the Casino Company shall be en-.
titled to the possession OF the premises under
the original lease, which expires in 1904. 1t
turtle directs that tho present tenants, Canary
& Ledercr, must vacate by noon on the LIST Of
next May. notwithstanding the fact that they
hold a lease which they thought good until 1900.