1440-6 York Avenue Realty Corp. v. Ruth

Appellate Terms of the Supreme Court of New York

1440-6 York Avenue Realty Corp. v. Ruth

194 Misc. 374, 86 N.Y.S.2d 339, 1949 N.Y. Misc. LEXIS 1766

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 13, 1949

StatusPublished

This text of 194 Misc. 374 (1440-6 York Avenue Realty Corp. v. Ruth) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

1440-6 York Avenue Realty Corp. v. Ruth, 194 Misc. 374, 86 N.Y.S.2d 339, 1949 N.Y. Misc. LEXIS 1766 (N.Y. Ct. App. 1949).

Pincite

Opinion

Per Curiam.

The final order and issuance of the warrant on March 29, 1948, following the abandonment by the tenant early in March of the apartment, terminated the landlord-tenant relationship and the agreement of lease, as of that date. A later payment of the amounts found due in the final order and the costs awarded was not intended to and did not reinstate the relationship or agreement of lease but merely satisfied the indebtedness. The apartment was decontrolled as of March 29, 1948, and the landlord and new tenant were free to enter into the new lease at the rental therein agreed. The stipulation of the parties limited the issues presented and in effect withdrew the second counterclaim. Accordingly it is not considered on this appeal.

The final order should be reversed, with $30 costs, and final order directed for the landlord for nonpayment of $35 rent, and dismissing the first counterclaim, with costs.

Hammer, Pécora and Eder, JJ., «concur.

Final order reversed, etc.

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Per Curiam.

The final order and issuance of the warrant on March 29, 1948, following the abandonment by the tenant early in March of the apartment, terminated the landlord-tenant relationship and the agreement of lease, as of that date. A later payment of the amounts found due in the final order and the costs awarded was not intended to and did not reinstate the relationship or agreement of lease but merely satisfied the indebtedness. The apartment was decontrolled as of March 29, 1948, and the landlord and new tenant were free to enter into the new lease at the rental therein agreed. The stipulation of the parties limited the issues presented and in effect withdrew the second counterclaim. Accordingly it is not considered on this appeal.

The final order should be reversed, with $30 costs, and final order directed for the landlord for nonpayment of $35 rent, and dismissing the first counterclaim, with costs.

Hammer, Pécora and Eder, JJ., «concur.

Final order reversed, etc.

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Bluebook (online)

194 Misc. 374, 86 N.Y.S.2d 339, 1949 N.Y. Misc. LEXIS 1766, Counsel Stack Legal Research, https://law.counselstack.com/opinion/1440-6-york-avenue-realty-corp-v-ruth-nyappterm-1949.