Brecher v. 11 West 42nd Street, Inc.

Appellate Terms of the Supreme Court of New York

Brecher v. 11 West 42nd Street, Inc.

133 Misc. 423, 232 N.Y.S. 142, 1928 N.Y. Misc. LEXIS 1179

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 21, 1928

StatusPublished

Cited by1 cases

This text of 133 Misc. 423 (Brecher v. 11 West 42nd Street, 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

Brecher v. 11 West 42nd Street, Inc., 133 Misc. 423, 232 N.Y.S. 142, 1928 N.Y. Misc. LEXIS 1179 (N.Y. Ct. App. 1928).

Pincite

Opinion

Per Curiam.

Wall v. Hess (232 N. Y. 472) and subsequent authorities relied upon by respondent are inapplicable. A landlord [424]*424is not privileged to end the tenant’s term by the exercise of an option and at the same time charge him with obligations consistent only with the continuance of the term.

Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.

All concur; present, Bijur, Levy and Crain, JJ.

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Per Curiam.

Wall v. Hess (232 N. Y. 472) and subsequent authorities relied upon by respondent are inapplicable. A landlord [424]*424is not privileged to end the tenant’s term by the exercise of an option and at the same time charge him with obligations consistent only with the continuance of the term.

Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.

All concur; present, Bijur, Levy and Crain, JJ.

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Bluebook (online)

133 Misc. 423, 232 N.Y.S. 142, 1928 N.Y. Misc. LEXIS 1179, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brecher-v-11-west-42nd-street-inc-nyappterm-1928.

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