Amato v. Werier

Appellate Terms of the Supreme Court of New York

Amato v. Werier

9 Misc. 2d 269, 172 N.Y.S.2d 178, 1957 N.Y. Misc. LEXIS 3086

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 2, 1957

StatusPublished

This text of 9 Misc. 2d 269 (Amato v. Werier) 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

Amato v. Werier, 9 Misc. 2d 269, 172 N.Y.S.2d 178, 1957 N.Y. Misc. LEXIS 3086 (N.Y. Ct. App. 1957).

Pincite

Opinion

Per Curiam.

The deed by which the tenant herein conveyed the property contains an ambiguity as to the nature of the tenancy under which he was to remain in possession of his apartment. The trial court should have admitted oral testimony to clear up this ambiguity.

The final order should be unanimously reversed upon the law and facts and new trial granted, with $30 costs to the tenant to abide the event.

Pette, Hart and Brown, JJ., concur.

Final order reversed, etc.

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Per Curiam.

The deed by which the tenant herein conveyed the property contains an ambiguity as to the nature of the tenancy under which he was to remain in possession of his apartment. The trial court should have admitted oral testimony to clear up this ambiguity.

The final order should be unanimously reversed upon the law and facts and new trial granted, with $30 costs to the tenant to abide the event.

Pette, Hart and Brown, JJ., concur.

Final order reversed, etc.

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Bluebook (online)

9 Misc. 2d 269, 172 N.Y.S.2d 178, 1957 N.Y. Misc. LEXIS 3086, Counsel Stack Legal Research, https://law.counselstack.com/opinion/amato-v-werier-nyappterm-1957.