In re the Controversy between E. J. Conrad Corp. & 161 Madison Avenue, Inc.

Headnote

Vendor and purchase---sale of leasehold — apportionment of rents.

Conrad Corp. v. 161 Madison Ave., Inc., 216 App. Div. 97 /affirmed.

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 13, 1926, in favor of defendant

upon the submission of a controversy under section 546 of the Civil Practice Act. The question was as to the apportionment, as of the date of closing under a written contract between the parties, for the purchase and sale of a leasehold, of the rent due under the lease for the month in which the closing was had. The contract provided: “At the time of closing the following are to be apportioned: Rents and other payments required to be made by the tenant pursuant to the terms of the lease.” The closing took place as of September seventeenth. The lease required a payment of $2,000 for the month of September, but larger payments for subsequent months, the yearly rental being $36,000. The purchaser tendered and paid .a sum for thirteen days’ occupancy at the rate of September rental. The seller claimed to be entitled to an amount based upon the yearly rental.

Judgment affirmed, with costs;