29 W. 25th Street Parking Corp. v. Penn Post Parking, Inc.

New York Court of Appeals

29 W. 25th Street Parking Corp. v. Penn Post Parking, Inc.

479 N.E.2d 250, 64 N.Y.2d 1085, 489 N.Y.S.2d 905, 1985 N.Y. LEXIS 14217

CourtNew York Court of Appeals

DecidedApril 25, 1985

StatusPublished

Cited by1 cases

This text of 479 N.E.2d 250 (29 W. 25th Street Parking Corp. v. Penn Post Parking, Inc.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

29 W. 25th Street Parking Corp. v. Penn Post Parking, Inc., 479 N.E.2d 250, 64 N.Y.2d 1085, 489 N.Y.S.2d 905, 1985 N.Y. LEXIS 14217 (N.Y. 1985).

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Opinion

OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), appeal taken as of right by defendant dismissed, without costs, upon the ground that the dissents at the Appellate Division are not on questions of law (CPLR 5601 [a] [i]). Order, insofar as appealed from by plaintiffs, reversed, with costs, and the judgment of Supreme Court, New York County, reinstated. The Appellate Division denied plaintiff tenant, 29 W. 25th Street Parking Corp., an extension of the lease term (as the lease requires in the case of the landlord being unable to give possession on the date specified), because it held that plaintiff caused the delay in possession by holding over at the expiration of the prior lease. However, that plaintiff did not cause the delay; it was caused by the holdover of the other plaintiff, W. 25th Street Parking Corp., with which plaintiff tenant, 29 W. 25th Street Parking Corp., had no connection until months later.

Concur: Chief Judge Wachtler and Judges Jasen, Meyer, Simons and Kaye. Taking no part: Judge Alexander.

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OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), appeal taken as of right by defendant dismissed, without costs, upon the ground that the dissents at the Appellate Division are not on questions of law (CPLR 5601 [a] [i]). Order, insofar as appealed from by plaintiffs, reversed, with costs, and the judgment of Supreme Court, New York County, reinstated. The Appellate Division denied plaintiff tenant, 29 W. 25th Street Parking Corp., an extension of the lease term (as the lease requires in the case of the landlord being unable to give possession on the date specified), because it held that plaintiff caused the delay in possession by holding over at the expiration of the prior lease. However, that plaintiff did not cause the delay; it was caused by the holdover of the other plaintiff, W. 25th Street Parking Corp., with which plaintiff tenant, 29 W. 25th Street Parking Corp., had no connection until months later.

Concur: Chief Judge Wachtler and Judges Jasen, Meyer, Simons and Kaye. Taking no part: Judge Alexander.

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Bluebook (online)

479 N.E.2d 250, 64 N.Y.2d 1085, 489 N.Y.S.2d 905, 1985 N.Y. LEXIS 14217, Counsel Stack Legal Research, https://law.counselstack.com/opinion/29-w-25th-street-parking-corp-v-penn-post-parking-inc-ny-1985.

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