Clemente Bros. v. Peterson-Packer Fuels, Inc.

Appellate Division of the Supreme Court of New York

Clemente Bros. v. Peterson-Packer Fuels, Inc.

25 A.D.2d 706, 268 N.Y.S.2d 927, 1966 N.Y. App. Div. LEXIS 4715

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 28, 1966

StatusPublished

This text of 25 A.D.2d 706 (Clemente Bros. v. Peterson-Packer Fuels, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Clemente Bros. v. Peterson-Packer Fuels, Inc., 25 A.D.2d 706, 268 N.Y.S.2d 927, 1966 N.Y. App. Div. LEXIS 4715 (N.Y. Ct. App. 1966).

Pincite

Opinion

Aulisi, J.

Appeal from an order of the Supreme Court at Special Term, Rensselaer County, whieh dismissed plaintiff’s complaint for failure to state a cause af action pursuant to rule 112 of the Rules of Civil Practice (cf. CPLR 3212). We conclude that the Special Term properly dismissed the complaint. It is our view that the railroad could retain to itself and its successors the right to keep the buildings or remove them and be recompensed by the defendant for such removal. However, in our opinion, no cause of action accrued in plaintiff assignor’s favor until it had incurred the expense of removing the buildings, structures or fixtures from the leased premises after defendant’s refusal to do so after demand. We decide no other issue. Order affirmed, without costs.

Gibson, P. J., Herlihy, Reynold's and Taylor, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Aulisi, J.

Appeal from an order of the Supreme Court at Special Term, Rensselaer County, whieh dismissed plaintiff’s complaint for failure to state a cause af action pursuant to rule 112 of the Rules of Civil Practice (cf. CPLR 3212). We conclude that the Special Term properly dismissed the complaint. It is our view that the railroad could retain to itself and its successors the right to keep the buildings or remove them and be recompensed by the defendant for such removal. However, in our opinion, no cause of action accrued in plaintiff assignor’s favor until it had incurred the expense of removing the buildings, structures or fixtures from the leased premises after defendant’s refusal to do so after demand. We decide no other issue. Order affirmed, without costs.

Gibson, P. J., Herlihy, Reynold's and Taylor, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

25 A.D.2d 706, 268 N.Y.S.2d 927, 1966 N.Y. App. Div. LEXIS 4715, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clemente-bros-v-peterson-packer-fuels-inc-nyappdiv-1966.