Agor v. Bennett

Appellate Division of the Supreme Court of New York

Agor v. Bennett

271 A.D.2d 1024

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 24, 1947

StatusPublished

This text of 271 A.D.2d 1024 (Agor v. Bennett) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Agor v. Bennett, 271 A.D.2d 1024 (N.Y. Ct. App. 1947).

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Opinion

In a summary proceeding to recover possession of real property, order of the County Court, Putnam County, dismissing the plaintiff’s petition, unanimously affirmed, without costs. It has been correctly held that a single viola- • tion of law of the nature alleged herein is insufficient to constitute a use or occupancy, of premises for illegal trade or other illegal business. While the petition alleges that there was a violation “ on numerous occasions ”, only one violation appears as a fact; and if it is intended to allege that several violations took place, such facts should‘be stated more clearly in the petition if a new proceeding be instituted. Present — Hagarty, Acting P. J., Carswell, Johnston, Adel and Nolan, JJ.

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In a summary proceeding to recover possession of real property, order of the County Court, Putnam County, dismissing the plaintiff’s petition, unanimously affirmed, without costs. It has been correctly held that a single viola- • tion of law of the nature alleged herein is insufficient to constitute a use or occupancy, of premises for illegal trade or other illegal business. While the petition alleges that there was a violation “ on numerous occasions ”, only one violation appears as a fact; and if it is intended to allege that several violations took place, such facts should‘be stated more clearly in the petition if a new proceeding be instituted. Present — Hagarty, Acting P. J., Carswell, Johnston, Adel and Nolan, JJ.

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Bluebook (online)

271 A.D.2d 1024, Counsel Stack Legal Research, https://law.counselstack.com/opinion/agor-v-bennett-nyappdiv-1947.