New York Court of Appeals

Harry Kottler, Respondent v. New York Bargain House, Inc., Appellant

January 12, 1926242 N.Y. 28

Summary

The Court of Appeals affirmed the judgment, modifying it to deduct the post‑surrender rent deficiency and the security deposit, holding that the lease remained in force after the receiver’s surrender, that the covenant created a rent claim not a damages claim, and that the Statute of Frauds defense was not timely raised.