Di Lello v. Carozza

Appellate Terms of the Supreme Court of New York

Di Lello v. Carozza

188 Misc. 819, 70 N.Y.S.2d 256, 1947 N.Y. Misc. LEXIS 2382

Appellate Terms of the Supreme Court of New York·Decided February 6, 1947·Published·Cited by 2 cases

Opinion

Per Curiam.

Memobandum It clearly appears from all the attendant circumstances surrounding the making of the lease herein that it was the intention and understanding of the parties thereto that the phrases, “ duration of the war ” and “ end of the war ”, were to mean that day which marked the end of actual hostilities with our enemies (Matter of Jones v. Schneer, 270 App. Div. 1027).

[820] The final order should be modified by providing that the rent due for the premises is $300 per month, and as modified affirmed, and judgment reversed and judgment directed dismissing thp counterclaim on the merits, with costs.

Hammer, Shientag and Hecht, JJ., concur.

Ordered accordingly.

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

Per Curiam.

Memobandum It clearly appears from all the attendant circumstances surrounding the making of the lease herein that it was the intention and understanding of the parties thereto that the phrases, “ duration of the war ” and “ end of the war ”, were to mean that day which marked the end of actual hostilities with our enemies (Matter of Jones v. Schneer, 270 App. Div. 1027).

[820] The final order should be modified by providing that the rent due for the premises is $300 per month, and as modified affirmed, and judgment reversed and judgment directed dismissing thp counterclaim on the merits, with costs.

Hammer, Shientag and Hecht, JJ., concur.

Ordered accordingly.

Di Lello v. Carozza, 188 Misc. 819, 70 N.Y.S.2d 256, 1947 N.Y. Misc. LEXIS 2382 (N.Y. Ct. App. 1947).

Pincite

188 Misc. 819 (Di Lello v. Carozza) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related