The New York herald., 1922-07-23
RECENT DECISIONS
AFFECTING REALTY
Late Opinions From Local
Bench Compiled by New York
Realty Board.

Among the recent decisions affecting
real estate interests as handed down by
the courts In New York city and COM
piled by A. c. MacNulty. counsel to the
legal bureau of the Real Estate Board
of New York are the following:
Alterations-Landlord held liable for
damages to tenant whose peaceful en-
joymout is interfered with. 8. B. Bow
man A. Co. VS. Strathmore L. Co.. Ia
~. Y. s. $50.
Arbitration-A trade association has
the right to make a rule providing Tor
the suspension Of member who re-
fuses to arbitrate. Gerseta vs. SIX AS
sociation. 200 App. Div $50.
Broker-Not permitted to profit by his
purchase and sale of property the lease
of which is held by heirs OF his. de-
ceased partner. with whom he main
tains confidential relations. Palmer w.
Taylor, 1874 N. Y. s. 1B.
One who is the receiver Of real estate
should not act as broker In sale OF the
property. Utica p Co. VS.. jackson
Const. Co., 1874 N. Y. S. 303.
Entitled to recover excess OF drawing
account over commissions earned,
where contract with salesman so pro-
vides Goldman VS.. Hirsch. S. c.. s. T.,
PIT. l. Kings Co.. 'Cropsey J. N. Y. L. j.,
July IL. 1922.
The trade and custom of the employer.
even though built up In part by his en-
ployee belongs to the former and the
employee has no right to divert 1t to
81 new employer. even in the absence
Of an express agreement. Golden Hule
w w. L. Inc. VS.. Silverman, S. G..
$. t.. Pt. /; Marsh. J. N. Y L. j., June
81 1922.
Building Perrnit-Cannot be arbitrarily
revoked by Superintendent of Buildings
and Injunction will be granted to pre-
vent his interference with a lawful con-
struction. c. & H. Building Corp. VS..
Kleinert,. s. c., s. T., PIT. !, Kings
Co; Cropsey ]. N. Y. Z. j., July 18th.
1922
Covenants and restrictions are import
;sat dement's III determining whether
title is marketable. A sale contract
which fails to state the covenants and
restrictions to which the property is
subject fails to meet the requirements
of the Statute of Frauds and Is void.
Cortandt r. Co. VS.. Barile. S. G, 5.
T.. Queens Co.: Callashan, >. n. l.. L.
j., June 49, 1922 N
The time fxed for closing is not OF the
essence of the agreement unless 1t is
specifically SO provided therein. Vein
berg vs. Kalsch, S. T., Bronx Co..
Mitchell, j. N Y. L.. j., July s., 1922.
Where title is not marketable. pur-
chaser is entitled only to return OF de-
post; claims for damages ana as
Iursements are not. liquidated. Len
tine VS.. Green, S. c.. S. T., Kings Co.. !;
Cannon j., N. Y. L. j., June 19. 1922.
Corporations-Organiz as dummies
to cloak real estate operations or indi-
viduals are ineffectual when real facts
ere disclosed. Ressler VS.. Samphimor
II Corp 1914 N. Y. s. 1868.
Coyenant--Where the covenant has
been preached and the breach has NOT
been waived by continued acceptance OF
rent the landlord may dispossess the
tenant. Lehrman VS.. Singer, s. C., >. T.
Pt. n. Kings Co.: Cannon. j.. N. T.
L. j., June 20, 1922.
Deed-A grantor defrauded IN the
sale of real property may ratify .ne
fraudulent acts OF the grantee anu as ms
agent and claim all dement's tnereoi.
smith VS.. Vaughan, 8. c.. S. T., Pt. ILL.,
Kings Co.; Benedict. j.. N. Y. L. j.. July
z. 1922. y~,,
President has no authority 10 reiuse
permit to lower curb to facilitate CON
struction ard use OF driveway. Ma'ssl
=, Singer Kaufman r. Co.. S, c.. S. T..
Kings county; Cannon. j., n. Z. L. '''
Hotel-Unanimou affirmance OF Ap-
n.l,ate Division that building Is not
!. hotel precludes the Court OF Appears
from considering question on It's merits
watt Construction Company VS.. Chase
233 N. Y (Mern) 1S1.
Iease-Standard form considered ana
covenant stipulating that gross rent
$or term shall be due and payable upon
sei,ure to pay monthly installment or lor
breach of other covenant held to pro-
yito a penalty and to be unenforciole.
ss4 West End Av Corp. VS.. Peariman'
2c1 App Div. IL.
When the term granted is expressly
~nada subject to termination upon notice
81 sale of property the limitation Is en-
forcible by dispossess proceedings
ecsinst the tenant and sub-tenant. liz
1l4 Ridge ST. Corp. VS. Glickman. ls3
~ Y. S. 44S.
Owners right Of inspection clause
upheld but modified so as to read at
reasonable hours" Mt. Cents Apis.
me- vs. Alexander. s. c., s. t.. ~. l.
Marsh. j., N. Y. l.. j., June 30. 1922
Defeasance clause permits landlord
In reenter and rclet without releasing
tenant from liability. M. l.. Improve
ment Corp VS. State. 1874 N. Y. ). l65.
Waiver clause can itself be waived by
acts Of lessor, as where after the
breach there was not only acceptance
~ rent hut a direction to lessee to make
additional changes. As West 45th st.
Corp. VS.. lie Papillon c. Co. s. G.. 8.
r.. Pt., L: Cohalan. j.. N. Y. L. j.,
July /, 1922.
Municipal Court--Justice who per.
nitted the false claim to be made that
"he had stopped dispossess," In printed
matter advocating his election to the
Supreme Court reprimanded. Perni-
clous electioneering for judicial posi-
tions denounced. Matter OF Strahl,
App. Div. I'd Dept N. Y. L. J. July 8.
1922.
Receiver of Real Estate--His rights.
responsibilities and liabilities, inter-
preted.. Utica r. Corp. VS.. jackson
Const Co. 1874 N. Y. S. s03.
Rent--In the absence Of an express
agreement requiring that rent shall be
payable In advance. 1t Is payable at
the end Of the term or rental period.
Smathers VS.. standard OIL Co., 1919 App.
Div. s6s; Ard 233 N. Y. (Mem) 115.
Order directing lessees Of mortgaged
property to pay rent to receiver. upheld.
Olive vs.. Levy 1s4 N. Y. s. SS.
Rent Laws---Lessee of entire building
is not the owner Of record" who Is
entitled to possession Of apartment for
personal occupancy. SilkInan VS..
Schwartz. 201 App Div. 3S.
Taxes--Accrufng subsequent to ju-