Cathway Realty Corp. v. Minnie Smith, Inc.

Appellate Terms of the Supreme Court of New York

Cathway Realty Corp. v. Minnie Smith, Inc.

183 Misc. 990, 53 N.Y.S.2d 76, 1944 N.Y. Misc. LEXIS 2798

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 14, 1944

StatusPublished

This text of 183 Misc. 990 (Cathway Realty Corp. v. Minnie Smith, Inc.) 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

Cathway Realty Corp. v. Minnie Smith, Inc., 183 Misc. 990, 53 N.Y.S.2d 76, 1944 N.Y. Misc. LEXIS 2798 (N.Y. Ct. App. 1944).

Pincite

Opinion

Memorandum

Per Curiam.

The record sustains the finding of the trial court that the tenant violated the covenants of the lease, which justified the landlord in its cancelation. In view of the fact that the apartment in question was rented as an office and the tenant subdivided the apartment and rented part thereof to lodgers, in violation of the express covenant of the lease, the rent regulations have no application.

The final order should be modified by awarding the landlord possession of the entire premises, and as modified affirmed, with $25 costs to the landlord.

Hammer, Shientag and Hecht, JJ., concur.

Ordered accordingly.

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