Friedmann v. Margiotta

Appellate Terms of the Supreme Court of New York

Friedmann v. Margiotta

180 Misc. 584, 42 N.Y.S.2d 100, 1943 N.Y. Misc. LEXIS 1950

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 19, 1943

StatusPublished

Cited by1 cases

This text of 180 Misc. 584 (Friedmann v. Margiotta) 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

Friedmann v. Margiotta, 180 Misc. 584, 42 N.Y.S.2d 100, 1943 N.Y. Misc. LEXIS 1950 (N.Y. Ct. App. 1943).

Pincite

Opinion

Memorandum Per Curiam.

The tenant’s illegal removal of the stairway in the demised premises and failure to comply with the order of the Department of Housing and Buildings of the City of New York authorized the landlords under the terms of the lease to give notice of intention to terminate at the time therein given. The expiration of the time stated in the notice and the tenant’s refusal to comply with the order within that time created a conditional limitation. This warranted summary proceedings of dispossess for the holding over after the termination of the lease.

Final order reversed, with thirty dollars costs, and final order and judgment directed for landlords as prayed for in the petition, with costs.

Hammer, Shientag and Hecht, JJ., concur.

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Memorandum Per Curiam.

The tenant’s illegal removal of the stairway in the demised premises and failure to comply with the order of the Department of Housing and Buildings of the City of New York authorized the landlords under the terms of the lease to give notice of intention to terminate at the time therein given. The expiration of the time stated in the notice and the tenant’s refusal to comply with the order within that time created a conditional limitation. This warranted summary proceedings of dispossess for the holding over after the termination of the lease.

Final order reversed, with thirty dollars costs, and final order and judgment directed for landlords as prayed for in the petition, with costs.

Hammer, Shientag and Hecht, JJ., concur.

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Bluebook (online)

180 Misc. 584, 42 N.Y.S.2d 100, 1943 N.Y. Misc. LEXIS 1950, Counsel Stack Legal Research, https://law.counselstack.com/opinion/friedmann-v-margiotta-nyappterm-1943.

Opinion

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