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

Appellate Terms of the Supreme Court of New York·Decided December 21, 1928·Published·Cited by 1 cases

Opinion

Per Curiam.

Wall v. Hess (232 N. Y. 472) and subsequent authorities relied upon by respondent are inapplicable. A landlord [424] is 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] is 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.

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).

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133 Misc. 423 (Brecher v. 11 West 42nd Street, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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