Hide Fuel Corp. v. Tomasone

Appellate Terms of the Supreme Court of New York

Hide Fuel Corp. v. Tomasone

5 Misc. 2d 918, 158 N.Y.S.2d 958, 1956 N.Y. Misc. LEXIS 1286

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 13, 1956

StatusPublished

This text of 5 Misc. 2d 918 (Hide Fuel Corp. v. Tomasone) 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

Hide Fuel Corp. v. Tomasone, 5 Misc. 2d 918, 158 N.Y.S.2d 958, 1956 N.Y. Misc. LEXIS 1286 (N.Y. Ct. App. 1956).

Pincite

Opinion

Per Curiam.

The lease of the entire parking lot made to the tenant by the receiver, the predecessor in interest of the landlord herein, on April 1, 1953, was not a lease of the same space theretofore occupied by the tenant for the storage of his truck. The lease was, therefore, to a person not in possession of the demised space at the time of its execution (Commercial Rent Law, § 13; L. 1945, ch. 315, as amd. by L. 1952, ch. 416); since the lease was executed after March 31, 1950, the Commercial Rent Law was inapplicable to the space. The landlord was, therefore, entitled to a final order.

The final order should be reversed, with $30 costs, and final order directed for the landlord, with costs.

Hofstadter, Aurelio and Tilzer, JJ., concur.

Final order reversed, etc.

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Per Curiam.

The lease of the entire parking lot made to the tenant by the receiver, the predecessor in interest of the landlord herein, on April 1, 1953, was not a lease of the same space theretofore occupied by the tenant for the storage of his truck. The lease was, therefore, to a person not in possession of the demised space at the time of its execution (Commercial Rent Law, § 13; L. 1945, ch. 315, as amd. by L. 1952, ch. 416); since the lease was executed after March 31, 1950, the Commercial Rent Law was inapplicable to the space. The landlord was, therefore, entitled to a final order.

The final order should be reversed, with $30 costs, and final order directed for the landlord, with costs.

Hofstadter, Aurelio and Tilzer, JJ., concur.

Final order reversed, etc.

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Bluebook (online)

5 Misc. 2d 918, 158 N.Y.S.2d 958, 1956 N.Y. Misc. LEXIS 1286, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hide-fuel-corp-v-tomasone-nyappterm-1956.