305 Broadway Co. v. Feltenstein

Appellate Terms of the Supreme Court of New York

305 Broadway Co. v. Feltenstein

17 Misc. 2d 863, 187 N.Y.S.2d 67, 1959 N.Y. Misc. LEXIS 3814

Appellate Terms of the Supreme Court of New York·Decided April 30, 1959·Published

Opinion

Per Curiam.

A final order obtained in a summary proceeding against a tenant is conclusive in an action for rent covering the same period against tenant’s defenses of surrender and acceptance, recall and revocation, and waiver and estoppel of the lease and its provisions (Hughes v. Goldstein, 124 Misc. 518).

The order denying cross motion for summary judgment should be reversed, with $10 costs, and motion granted; appeal from order granting examination before trial dismissed.

Concur — Hofstadter, J. P., Steuer and Tilzer, JJ.

Order reversed, etc.

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Per Curiam.

A final order obtained in a summary proceeding against a tenant is conclusive in an action for rent covering the same period against tenant’s defenses of surrender and acceptance, recall and revocation, and waiver and estoppel of the lease and its provisions (Hughes v. Goldstein, 124 Misc. 518).

The order denying cross motion for summary judgment should be reversed, with $10 costs, and motion granted; appeal from order granting examination before trial dismissed.

Concur — Hofstadter, J. P., Steuer and Tilzer, JJ.

Order reversed, etc.

305 Broadway Co. v. Feltenstein, 17 Misc. 2d 863, 187 N.Y.S.2d 67, 1959 N.Y. Misc. LEXIS 3814 (N.Y. Ct. App. 1959).

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