
    The Security Mortgage Company, Appellant, v. Frederick M. Thompson, Respondent.
    (Supreme Court, Appellate Term,
    February, 1910.)
    Contracts — Validity of contracts: Public policy in general — Contracts affecting judicial action or administration of justice—Exemption from criminal prosecution: Effect of invalidity or illegality — Effect of partial illegality or invalidity — Separability of illegal provision.
    A provision in a lease that the landlord, in case of the tenant’s default, may re-enter without being liable to any prosecution by civil or criminal action or proceeding therefor, though illegal and void so far as it relates to a criminal action or proceeding, does not vitiate the entire contract which, as an entirety, was for a legal purpose and enforcible.
    Appeal by the plaintiff from a judgment in favor of the defendant, rendered in the Municipal Court of the city of New York, first district, borough of Manhattan.
    Fletcher, MeCutchen & Brown, for appellant.
    Robert E. S-wezey, for respondent.
   Per Curiam.

The court sustained the contention of the defendant and directed judgment in his favor.

We are of the opinion that, while the clause providing that the landlord should not be liable to any prosecution by criminal action or proceeding was illegal and void, the contract as an entirety was for a legal purpose and is enforcible, irrespective of the clause in question. The- consideration for the lease was the rent reserved. The provision for reentry, aside from the objectionable clause, was the ordinary provision contained in leases of this character. The defendant, having entered into possession of the premises under the contract, was in a position to maintain his right to continued occupancy of the premises during the term of the lease. It does not appear and cannot he presumed that it was the intent of the parties that the law should be violated. Lorillard v. Clyde, 86 N. Y. 348; Shedlinsky v. Budweiser Brewing Co., 163 id. 437.

The judgment is, therefore, reversed and a new trial ordered, with costs to the appellant to abide the event.

Present: Seabury, Guy and Whitney, JJ.

Judgment reversed and new trial ordered, with costs to appellant to abide event.  