Buccaneer, Inc. v. Cerbone

Appellate Terms of the Supreme Court of New York

Buccaneer, Inc. v. Cerbone

32 Misc. 2d 657, 227 N.Y.S.2d 1021, 1961 N.Y. Misc. LEXIS 2782

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 7, 1961

StatusPublished

This text of 32 Misc. 2d 657 (Buccaneer, Inc. v. Cerbone) 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

Buccaneer, Inc. v. Cerbone, 32 Misc. 2d 657, 227 N.Y.S.2d 1021, 1961 N.Y. Misc. LEXIS 2782 (N.Y. Ct. App. 1961).

Pincite

Opinion

Per Curiam.

Tenants failed to establish their defense and counterclaim by any competent evidence (Jackson v. Paterne, 58 Misc. 201, affd. 128 App. Div. 474; Altz v. Lieberson, 233 N. Y. 16). Landlord’s acceptance of the rent payments subsequent to the entry of the final order was not a waiver of its right to prosecute this appeal (8 Carmody-Wait, New York Practice, Appeals in General, §§ 83, 84).

The final order should be unanimously modified by dismissing the counterclaim on the merits and increasing landlord’s recovery to $168 with appropriate costs in the court below; and, as so modified, affirmed, with $25 costs to landlord.

Concur- — -Di Giovanna, Benjamin and Daly, JJ.

Final order modified, etc.

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