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

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

DecidedDecember 9, 1938

StatusPublished

Cited by2 cases

This text of 255 A.D. 983 (Fernschild v. Brown) 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

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).

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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.

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Bluebook (online)

255 A.D. 983, 8 N.Y.S.2d 278, 1938 N.Y. App. Div. LEXIS 6156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fernschild-v-brown-nyappdiv-1938.

Opinion

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