Agor v. Pitale

Appellate Division of the Supreme Court of New York

Agor v. Pitale

1 A.D.2d 1020, 151 N.Y.S.2d 463, 1956 N.Y. App. Div. LEXIS 5399

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

DecidedMay 14, 1956

StatusPublished

This text of 1 A.D.2d 1020 (Agor v. Pitale) 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. Pitale, 1 A.D.2d 1020, 151 N.Y.S.2d 463, 1956 N.Y. App. Div. LEXIS 5399 (N.Y. Ct. App. 1956).

Pincite

Opinion

In a summary proceeding to recover possession of a golf range on the ground that the tenants are holdovers, the appeal is from a final order of the County Court, Putnam County, entered after trial without a jury, awarding to the landlords the delivery of the possession of the property. Order reversed on the law, with costs, and petition dismissed. Findings of fact implicit in the determination below are affirmed. The provision in the lease giving the landlords the right to cancel “ [i]n the event of a bona fide sale of the property hereby leased ” did not become operative upon the sale of five sevenths of the demised premises. (Wilson Sullivan Co. v. International Paper Makers Realty Corp., 307 N. Y. 20, 25; Sautkulis v. Conklin, 1 A D 2d 962; Ewing v. Miles, 12 Tex. Civ. App. 19.) Nolan, P. J., Murphy, Ughetta, Hallinan and Kleinfeld, JJ., concur.

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In a summary proceeding to recover possession of a golf range on the ground that the tenants are holdovers, the appeal is from a final order of the County Court, Putnam County, entered after trial without a jury, awarding to the landlords the delivery of the possession of the property. Order reversed on the law, with costs, and petition dismissed. Findings of fact implicit in the determination below are affirmed. The provision in the lease giving the landlords the right to cancel “ [i]n the event of a bona fide sale of the property hereby leased ” did not become operative upon the sale of five sevenths of the demised premises. (Wilson Sullivan Co. v. International Paper Makers Realty Corp., 307 N. Y. 20, 25; Sautkulis v. Conklin, 1 A D 2d 962; Ewing v. Miles, 12 Tex. Civ. App. 19.) Nolan, P. J., Murphy, Ughetta, Hallinan and Kleinfeld, JJ., concur.

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Bluebook (online)

1 A.D.2d 1020, 151 N.Y.S.2d 463, 1956 N.Y. App. Div. LEXIS 5399, Counsel Stack Legal Research, https://law.counselstack.com/opinion/agor-v-pitale-nyappdiv-1956.

Opinion

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