Bavaro v. Econ-O-Wash of New Jersey, Inc.

Appellate Division of the Supreme Court of New York

Bavaro v. Econ-O-Wash of New Jersey, Inc.

21 A.D.2d 886, 251 N.Y.S.2d 711, 1964 N.Y. App. Div. LEXIS 3257

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

DecidedJuly 9, 1964

StatusPublished

This text of 21 A.D.2d 886 (Bavaro v. Econ-O-Wash of New Jersey, Inc.) 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

Bavaro v. Econ-O-Wash of New Jersey, Inc., 21 A.D.2d 886, 251 N.Y.S.2d 711, 1964 N.Y. App. Div. LEXIS 3257 (N.Y. Ct. App. 1964).

Pincite

Opinion

In a holdover proceeding, the tenants, by permission of this court, appeal from an order of the Appellate Term of the Supreme Court, made December 6, 1963, which affirmed a final order of the Civil Court of the City of New York, Kings County, entered December 5, 1962, after trial, in the landlords’ favor, awarding possession of the subject premises to the landlords. Order of the Appellate Term and final order of the Civil Court of the City of New York reversed on the law and the facts, with costs in this court and in the Appellate Term, and petition dismissed, with costs. Findings of fact in the courts below which may be inconsistent herewith are reversed, and new findings are made as indicated herein. In, our opinion the record establishes that by their conduct the landlords waived the provisions in the lease against assignment without their written consent. Beldoek, P. J., Ughetta, Christ, Brennan and Hill, JJ., concur.

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In a holdover proceeding, the tenants, by permission of this court, appeal from an order of the Appellate Term of the Supreme Court, made December 6, 1963, which affirmed a final order of the Civil Court of the City of New York, Kings County, entered December 5, 1962, after trial, in the landlords’ favor, awarding possession of the subject premises to the landlords. Order of the Appellate Term and final order of the Civil Court of the City of New York reversed on the law and the facts, with costs in this court and in the Appellate Term, and petition dismissed, with costs. Findings of fact in the courts below which may be inconsistent herewith are reversed, and new findings are made as indicated herein. In, our opinion the record establishes that by their conduct the landlords waived the provisions in the lease against assignment without their written consent. Beldoek, P. J., Ughetta, Christ, Brennan and Hill, JJ., concur.

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Bluebook (online)

21 A.D.2d 886, 251 N.Y.S.2d 711, 1964 N.Y. App. Div. LEXIS 3257, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bavaro-v-econ-o-wash-of-new-jersey-inc-nyappdiv-1964.