8-10 East 49th Street, Inc. v. Sawabini

Appellate Terms of the Supreme Court of New York

8-10 East 49th Street, Inc. v. Sawabini

28 Misc. 2d 507, 219 N.Y.S.2d 753, 1960 N.Y. Misc. LEXIS 2188

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 17, 1960

StatusPublished

This text of 28 Misc. 2d 507 (8-10 East 49th Street, Inc. v. Sawabini) 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

8-10 East 49th Street, Inc. v. Sawabini, 28 Misc. 2d 507, 219 N.Y.S.2d 753, 1960 N.Y. Misc. LEXIS 2188 (N.Y. Ct. App. 1960).

Pincite

Opinion

Per Curiam.

The landlord in seeking to evict the tenant from

the premises was entitled either to an order granting him possession of the premises or else, if the law and facts so warranted, a final order could have been entered for the tenant. The disposition by the court below wherein landlord was awarded possession of a portion of the apartment and the tenant another portion thereof was improper and without authority.

The final order should be reversed and a new trial ordered, with $30 costs to appellant to abide the event.

Concur —Hoestadter, J. P., Aurelio and Tilzer, JJ.

Final order reversed, etc.

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