Ardel Apartments, Inc. v. Kennedy

Appellate Terms of the Supreme Court of New York

Ardel Apartments, Inc. v. Kennedy

17 Misc. 2d 511, 183 N.Y.S.2d 885, 1959 N.Y. Misc. LEXIS 4470

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 22, 1959

StatusPublished

This text of 17 Misc. 2d 511 (Ardel Apartments, Inc. v. Kennedy) 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

Ardel Apartments, Inc. v. Kennedy, 17 Misc. 2d 511, 183 N.Y.S.2d 885, 1959 N.Y. Misc. LEXIS 4470 (N.Y. Ct. App. 1959).

Pincite

Opinion

Per Curiam.

The provisions of the proffered lease are dissimilar in many respects from the expired lease and do not conform with section 8 (subd. [gg], par. [1]) of the Business Rent Law (L. 1945, ch. 314, as amd.), which requires that the proffered lease be “at a rental in the same amount as the emergency rent with respect to the store occupied by the tenant and otherwise on substantially similar terms and conditions as existing with respect to such tenancy ’ ’.

The final order should be reversed, with $30 costs, and final order directed for tenants-appellants, with costs.

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

Final order reversed, etc.

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Per Curiam.

The provisions of the proffered lease are dissimilar in many respects from the expired lease and do not conform with section 8 (subd. [gg], par. [1]) of the Business Rent Law (L. 1945, ch. 314, as amd.), which requires that the proffered lease be “at a rental in the same amount as the emergency rent with respect to the store occupied by the tenant and otherwise on substantially similar terms and conditions as existing with respect to such tenancy ’ ’.

The final order should be reversed, with $30 costs, and final order directed for tenants-appellants, with costs.

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

Final order reversed, etc.

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Bluebook (online)

17 Misc. 2d 511, 183 N.Y.S.2d 885, 1959 N.Y. Misc. LEXIS 4470, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ardel-apartments-inc-v-kennedy-nyappterm-1959.