Gombo v. Martise

Appellate Terms of the Supreme Court of New York

Gombo v. Martise

44 Misc. 2d 239, 253 N.Y.S.2d 459, 1964 N.Y. Misc. LEXIS 1409

CourtAppellate Terms of the Supreme Court of New York

DecidedSeptember 30, 1964

StatusPublished

Cited by1 cases

This text of 44 Misc. 2d 239 (Gombo v. Martise) 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

Gombo v. Martise, 44 Misc. 2d 239, 253 N.Y.S.2d 459, 1964 N.Y. Misc. LEXIS 1409 (N.Y. Ct. App. 1964).

Pincite

Opinion

Per Curiam.

In onr opinion, a finding of actual eviction implicit in the decision of the trial court is unwarranted upon this record; nor may the tenants in the absence of actual removal from the premises, claim constructive eviction so as to defeat these nonpayment proceedings (see City of New York v. Pike Realty Corp., 247 N. Y. 245). However, whether or not the tenants are entitled to invoke the beneficial provisions of section .755 of the Real Property Actions and Proceedings Law is a matter for determination de novo in the court below.

The judgments dismissing landlord’s petitions should be unanimously reversed, without costs, and a new trial ordered. Appeal from order denying motion to vacate judgments and for other relief dismissed as academic.

Concur — Hart, Martuscello and Hogan, JJ.

Judgments reversed, etc.

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Per Curiam.

In onr opinion, a finding of actual eviction implicit in the decision of the trial court is unwarranted upon this record; nor may the tenants in the absence of actual removal from the premises, claim constructive eviction so as to defeat these nonpayment proceedings (see City of New York v. Pike Realty Corp., 247 N. Y. 245). However, whether or not the tenants are entitled to invoke the beneficial provisions of section .755 of the Real Property Actions and Proceedings Law is a matter for determination de novo in the court below.

The judgments dismissing landlord’s petitions should be unanimously reversed, without costs, and a new trial ordered. Appeal from order denying motion to vacate judgments and for other relief dismissed as academic.

Concur — Hart, Martuscello and Hogan, JJ.

Judgments reversed, etc.

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Bluebook (online)

44 Misc. 2d 239, 253 N.Y.S.2d 459, 1964 N.Y. Misc. LEXIS 1409, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gombo-v-martise-nyappterm-1964.

Opinion

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