Goldstein v. Stadler's Shoes, Inc.

Appellate Terms of the Supreme Court of New York

Goldstein v. Stadler's Shoes, Inc.

159 Misc. 804, 288 N.Y.S. 793, 1936 N.Y. Misc. LEXIS 1313

Appellate Terms of the Supreme Court of New York·Decided June 4, 1936·Published·Cited by 2 cases

Opinion

Per Curiam.

Rent for the quarter commencing June 1, 1929, became due in advance on that date. There being no evidence that defendant surrendered possession, or was evicted or otherwise damaged, during the quarter, the fact that title to the premises vested by condemnation in the city of New York August ninth following did not entitle defendant to recover on its counterclaim on the theory of apportionment for the period from that date to the end of the quarter. (Giles v. Comstock, 4 N. Y. 270; Gugel v. Isaacs, 21 App. Div. 503; affd. on opinion below, 162 N. Y. 636.)

Judgment modified by increasing plaintiff’s recovery to the sum of $906.75, with costs, and as modified affirmed, with costs to plaintiff.

All concur. Present — Levy, Callahan and Frankenthaler, JJ.

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Per Curiam.

Rent for the quarter commencing June 1, 1929, became due in advance on that date. There being no evidence that defendant surrendered possession, or was evicted or otherwise damaged, during the quarter, the fact that title to the premises vested by condemnation in the city of New York August ninth following did not entitle defendant to recover on its counterclaim on the theory of apportionment for the period from that date to the end of the quarter. (Giles v. Comstock, 4 N. Y. 270; Gugel v. Isaacs, 21 App. Div. 503; affd. on opinion below, 162 N. Y. 636.)

Judgment modified by increasing plaintiff’s recovery to the sum of $906.75, with costs, and as modified affirmed, with costs to plaintiff.

All concur. Present — Levy, Callahan and Frankenthaler, JJ.

Goldstein v. Stadler's Shoes, Inc., 159 Misc. 804, 288 N.Y.S. 793, 1936 N.Y. Misc. LEXIS 1313 (N.Y. Ct. App. 1936).

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159 Misc. 804 (Goldstein v. Stadler's Shoes, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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