Fifthway Realty Corp. v. Sudbury Import Co.

Appellate Terms of the Supreme Court of New York

Fifthway Realty Corp. v. Sudbury Import Co.

35 Misc. 2d 159, 232 N.Y.S.2d 291, 1962 N.Y. Misc. LEXIS 3835

CourtAppellate Terms of the Supreme Court of New York

DecidedFebruary 15, 1962

StatusPublished

This text of 35 Misc. 2d 159 (Fifthway Realty Corp. v. Sudbury Import Co.) 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

Fifthway Realty Corp. v. Sudbury Import Co., 35 Misc. 2d 159, 232 N.Y.S.2d 291, 1962 N.Y. Misc. LEXIS 3835 (N.Y. Ct. App. 1962).

Pincite

Opinion

Per Curiam.

In an eviction proceeding where the uncontradicted testimony and documentary proof established that the landlord had accepted rent between the time of the statutory [160]*160notice of the termination of tenancy and the commencement of the holdover proceeding, the proceeding should have been dismissed (Guy v. Furman, 4 Misc 2d 564 [App. Term, 1st Dept.]).

The final order should be reversed, with $30 costs, and final order directed in favor of tenant, with costs.

Concur — Hecht, J. P., Gold and Capozzoli, JJ.

Final order reversed, etc.

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