Gottesman v. Gerber

Appellate Terms of the Supreme Court of New York

Gottesman v. Gerber

23 Misc. 2d 893, 200 N.Y.S.2d 476, 1960 N.Y. Misc. LEXIS 3233

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 7, 1960

StatusPublished

This text of 23 Misc. 2d 893 (Gottesman v. Gerber) 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

Gottesman v. Gerber, 23 Misc. 2d 893, 200 N.Y.S.2d 476, 1960 N.Y. Misc. LEXIS 3233 (N.Y. Ct. App. 1960).

Pincite

Opinion

Per Curiam.

The trial court having found that the tenant was excluded from possession of the garage, there was an actual partial eviction which suspended the entire rent during the period of such exclusion (Fifth Ave. Bldg. Co. v. Kernochan, 221 N. Y. 370; Libby Props. v. Gross, 76 N. Y. S. 2d 568). It was therefore error to make a final order in favor of the landlord.

The final order and judgment should be reversed, with $30 costs to tenant appellant and final order directed for tenant dismissing the petition and awarding judgment on the counterclaim for $42.30 in favor of the tenant, with costs, Landlord’s cross appeal dismissed as academic.

Concur — Hofstadter, J. P., Steuer and Tilzer, JJ.

Final order and judgment reversed, etc.

Free access — add to your briefcase to read the full text and ask questions with AI