Caverly Holding Corp. v. Sollish
This text of 140 Misc. 75 (Caverly Holding Corp. v. Sollish) 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.
Opinion
Judgment unanimously reversed, upon the law, and new trial granted, with thirty dollars costs to appellant to abide the event.
The lease in question was for a term exceeding one year. It was in writing, but not subscribed by the lessor or his agent. It is, therefore, not enforcible. (Real Prop. Law, § 242; 300 West End Ave. Corp. v. Warner, 250 N. Y. 221.) Furthermore, the lease was under seal. (See Crowley v. Lewis, 239 N. Y. 264, 265.) Defendant, however, may be hable for some rent.
All concur; present, Cropsey, MacCrate and Lewis, JJ.
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140 Misc. 75, Counsel Stack Legal Research, https://law.counselstack.com/opinion/caverly-holding-corp-v-sollish-nyappterm-1930.