Grester Realty Corp. v. Tru-Maid Hat Co.

Appellate Terms of the Supreme Court of New York

Grester Realty Corp. v. Tru-Maid Hat Co.

17 Misc. 2d 447, 190 N.Y.S.2d 450, 1959 N.Y. Misc. LEXIS 4557

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 8, 1959

StatusPublished

This text of 17 Misc. 2d 447 (Grester Realty Corp. v. Tru-Maid Hat 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

Grester Realty Corp. v. Tru-Maid Hat Co., 17 Misc. 2d 447, 190 N.Y.S.2d 450, 1959 N.Y. Misc. LEXIS 4557 (N.Y. Ct. App. 1959).

Pincite

Opinion

Per Curiam.

The tenant is concluded by the former judgment to the effect that there had been no eviction prior to June 30, 1957. Its action in removing from the premises 1 ‘ never to return” on or about June 13, 1957, in the circumstances, cannot give rise to a claim of actual or constructive eviction. The facts upon which its present defenses are bottomed, moreover, were determined adversely to the tenant in the prior proceeding.

The orders appealed from should be reversed, with $10 costs, and the plaintiff’s motion for summary judgment granted.

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

Orders reversed, etc.

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Per Curiam.

The tenant is concluded by the former judgment to the effect that there had been no eviction prior to June 30, 1957. Its action in removing from the premises 1 ‘ never to return” on or about June 13, 1957, in the circumstances, cannot give rise to a claim of actual or constructive eviction. The facts upon which its present defenses are bottomed, moreover, were determined adversely to the tenant in the prior proceeding.

The orders appealed from should be reversed, with $10 costs, and the plaintiff’s motion for summary judgment granted.

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

Orders reversed, etc.

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Bluebook (online)

17 Misc. 2d 447, 190 N.Y.S.2d 450, 1959 N.Y. Misc. LEXIS 4557, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grester-realty-corp-v-tru-maid-hat-co-nyappterm-1959.