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Broadway-170th Street Holding Corp. v. Metz

167 Misc. 569, 4 N.Y.S.2d 222, 1938 N.Y. Misc. LEXIS 1562
CourtAppellate Terms of the Supreme Court of New York
DecidedApril 28, 1938
StatusPublished

This text of 167 Misc. 569 (Broadway-170th Street Holding Corp. v. Metz) 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
Broadway-170th Street Holding Corp. v. Metz, 167 Misc. 569, 4 N.Y.S.2d 222, 1938 N.Y. Misc. LEXIS 1562 (N.Y. Ct. App. 1938).

Opinion

Per Curiam.

The landlord was authorized to apply for the precept by its agent. (Civ. Prac. Act, § 1414.) On the trial the agent merely appeared as a witness. Neither the petition nor the precept demanded a judgment for rent. (Fourteenth Street Realty Corp. v. Deutsch, 136 Misc. 50.)

Final order modified by striking out so much thereof as renders a money judgment for petitioner and as modified affirmed, with twenty-five dollars costs to tenant.

Lydon and Frankenthaler, JJ., concur; Hammer, J., concurs in result only.

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Related

Fourteenth Street & Broadway Realty Corp. v. Deutsch
136 Misc. 50 (Appellate Terms of the Supreme Court of New York, 1930)

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Bluebook (online)
167 Misc. 569, 4 N.Y.S.2d 222, 1938 N.Y. Misc. LEXIS 1562, Counsel Stack Legal Research, https://law.counselstack.com/opinion/broadway-170th-street-holding-corp-v-metz-nyappterm-1938.