Carver v. Crowe & Co.
This text of 202 Misc. 899 (Carver v. Crowe & Co.) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In this summary proceeding for nonpayment of rent, payment by the tenant of the rent due dispensed with the statutory requirement of the entry of a final order for the landlords (Matter of Flewellin v. Lent, 91 App. Div. 431).
The court had no jurisdiction to adjudicate as to the alleged indebtedness of the tenant to the landlords for fuel, which "was no part of the rental obligation.
[900]*900The appeals should be dismissed, without costs, and decision vacated, without prejudice to an action by the landlords to recover the fuel charge.
Hofstadteb, Edeb and Schbeibeb, JJ., concur.
Appeals dismissed, etc.
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Cite This Page — Counsel Stack
202 Misc. 899, 116 N.Y.S.2d 53, 1952 N.Y. Misc. LEXIS 1800, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carver-v-crowe-co-nysupct-1952.