Fernschild v. Brown

Appellate Division of the Supreme Court of New York

Fernschild v. Brown

255 A.D. 983, 8 N.Y.S.2d 278, 1938 N.Y. App. Div. LEXIS 6156

Appellate Division of the Supreme Court of the State of New York·Decided December 9, 1938·Published·Cited by 2 cases

Opinion

In an action to recover damages alleged to have been sustained because of breach of covenant of a written lease, judgment in favor of plaintiff reversed on the law, with costs, and judgment directed in favor of defendant, dismissing the complaint, with costs. The finding of the court that the lease was not surrendered is clearly against the weight of the evidence. This court finds that the new lease was made before the tenant vacated the premises. This constituted an acceptance of surrender by the landlord. Lazansky, P. J., Hagarty, Davis, Adel and Taylor, JJ., concur.

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In an action to recover damages alleged to have been sustained because of breach of covenant of a written lease, judgment in favor of plaintiff reversed on the law, with costs, and judgment directed in favor of defendant, dismissing the complaint, with costs. The finding of the court that the lease was not surrendered is clearly against the weight of the evidence. This court finds that the new lease was made before the tenant vacated the premises. This constituted an acceptance of surrender by the landlord. Lazansky, P. J., Hagarty, Davis, Adel and Taylor, JJ., concur.

Fernschild v. Brown, 255 A.D. 983, 8 N.Y.S.2d 278, 1938 N.Y. App. Div. LEXIS 6156 (N.Y. Ct. App. 1938).

Pincite

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Opinion

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