Broadway Improvement Co. v. Family Finance Corp.

Appellate Terms of the Supreme Court of New York

Broadway Improvement Co. v. Family Finance Corp.

182 Misc. 20, 49 N.Y.S.2d 590, 1944 N.Y. Misc. LEXIS 2151

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 4, 1944

StatusPublished

This text of 182 Misc. 20 (Broadway Improvement Co. v. Family Finance Corp.) 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 Improvement Co. v. Family Finance Corp., 182 Misc. 20, 49 N.Y.S.2d 590, 1944 N.Y. Misc. LEXIS 2151 (N.Y. Ct. App. 1944).

Pincite

Opinion

Memorandum Per Curiam.

The evidence does not support the finding that within the meaning of the cancellation clause it was impossible for defendant, after the issuance of Regulation W (adopted Aug. 21, 1941, by the Board of Governors of the Federal Reserve System),to carry on its business at the demised premises.

The judgment should be modified by increasing plaintiff’s recovery to the sum of $480, with interest and costs, and as modified affirmed, with $25 costs to appellant.

Hammer, Eder and Hecht, JJ., concur.

Judgment modified.

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Memorandum Per Curiam.

The evidence does not support the finding that within the meaning of the cancellation clause it was impossible for defendant, after the issuance of Regulation W (adopted Aug. 21, 1941, by the Board of Governors of the Federal Reserve System),to carry on its business at the demised premises.

The judgment should be modified by increasing plaintiff’s recovery to the sum of $480, with interest and costs, and as modified affirmed, with $25 costs to appellant.

Hammer, Eder and Hecht, JJ., concur.

Judgment modified.

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Bluebook (online)

182 Misc. 20, 49 N.Y.S.2d 590, 1944 N.Y. Misc. LEXIS 2151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/broadway-improvement-co-v-family-finance-corp-nyappterm-1944.