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Nitzky v. Ohmer

Appellate Division of the Supreme Court of New York, Second Department
Dec 5, 1955
1 A.D.2d 673 (N.Y. App. Div. 1955)

Opinion

December 5, 1955

Present — Nolan, P.J., Wenzel, Beldock, Murphy and Ughetta, JJ.


In an action to recover $10,000 under an agreement collateral to a lease of real property, the appeal is from an order striking out the answer and granting summary judgment in favor of respondent, and from the judgment entered thereon. Order and judgment unanimously affirmed, with $10 costs and disbursements. In our view, even construing the collateral agreement as a security agreement for the performance of the lease, it nevertheless is confined to the terms therein expressed — in this case the payment of rent for the particular months mentioned. It is not to be regarded as security for any other claim, such as default in the payment of taxes, water charges and sewer rents. ( Scott v. Montells, 109 N.Y. 1; Chaude v. Shepard, 122 N.Y. 397; Josephi v. Creston Co., 188 App. Div. 97, affd. 230 N.Y. 549.)


Summaries of

Nitzky v. Ohmer

Appellate Division of the Supreme Court of New York, Second Department
Dec 5, 1955
1 A.D.2d 673 (N.Y. App. Div. 1955)
Case details for

Nitzky v. Ohmer

Case Details

Full title:MEYER NITZKY, Respondent, v. ERNST OHMER, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 5, 1955

Citations

1 A.D.2d 673 (N.Y. App. Div. 1955)

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