Davis v. Bonds

Appellate Terms of the Supreme Court of New York

Davis v. Bonds

61 Misc. 2d 917, 307 N.Y.S.2d 392, 1969 N.Y. Misc. LEXIS 1086

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 12, 1969

StatusPublished

This text of 61 Misc. 2d 917 (Davis v. Bonds) 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

Davis v. Bonds, 61 Misc. 2d 917, 307 N.Y.S.2d 392, 1969 N.Y. Misc. LEXIS 1086 (N.Y. Ct. App. 1969).

Pincite

Opinion

Per Curiam.

In the absence of a judicial determination that the prime lease was terminated, or absent proof that the sub-lessor had abandoned the premises, it was improper to dismiss the sublessor’s nonpayment proceedings against the subtenants. (Bruder v. Geisler, 47 Misc. 370 [App. Term]; Bone v. Coppola, 45 Misc. 636; 34 N. Y. Jur., Landlord and Tenant, § 269.)

Upon a new trial there should be a fuller development of the proof with respect to the affirmative defense of cancellation. In this connection, the subtenants may be well advised to implead the prime landlord as a third-party defendant.

The judgment should be unanimously reversed, without costs, and a new trial ordered.

Groat, P. J., Schwartzwald and Margbtt, JJ., concur.

Judgment reversed, etc.

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