Altman v. J. F. Loewi, Inc.

Appellate Terms of the Supreme Court of New York

Altman v. J. F. Loewi, Inc.

5 Misc. 2d 329, 48 N.Y.S.2d 14, 1944 N.Y. Misc. LEXIS 1430

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 12, 1944

StatusPublished

Cited by1 cases

This text of 5 Misc. 2d 329 (Altman v. J. F. Loewi, Inc.) 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

Altman v. J. F. Loewi, Inc., 5 Misc. 2d 329, 48 N.Y.S.2d 14, 1944 N.Y. Misc. LEXIS 1430 (N.Y. Ct. App. 1944).

Pincite

Opinion

Per Curiam.

Plaintiffs’ cause of action arises “ out of or under the covenants and conditions of ’ ’ the lease. They are, therefore, bound by its terms, one of which waived the right to trial by jury. The fact that the wife was not a party to the lease does not give her any greater rights, particularly in view of the fact that she joined her husband in the action and what[330]*330ever rights she had to use the storage room stemmed from her occupancy of the apartment which was leased to her husband.

The order should be reversed, with $10 costs, and motion granted.

Sheintag, McLaughlin and Hecht, JJ., concur.

Order reversed, etc.

Free access — add to your briefcase to read the full text and ask questions with AI