K. T. W. Realty Corp. v. Nussbaum

Appellate Terms of the Supreme Court of New York

K. T. W. Realty Corp. v. Nussbaum

138 Misc. 741, 247 N.Y.S. 159, 1931 N.Y. Misc. LEXIS 1845, 1931 N.Y. App. Div. LEXIS 16273

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 8, 1931

StatusPublished

Cited by1 cases

This text of 138 Misc. 741 (K. T. W. Realty Corp. v. Nussbaum) 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

K. T. W. Realty Corp. v. Nussbaum, 138 Misc. 741, 247 N.Y.S. 159, 1931 N.Y. Misc. LEXIS 1845, 1931 N.Y. App. Div. LEXIS 16273 (N.Y. Ct. App. 1931).

Pincite

Opinion

Per Curiam.

As the tenant’s evidence would authorize a finding that the landlord had actual notice that water pipes under his control were defective prior to June 14, 1930, that it failed within a reasonable time after the receipt of said notice to repair the defects, and that by reason of such neglect the tenant’s property was damaged, it was error to dismiss the counterclaims.

It was likewise error on dismissing the counterclaims in this summary proceeding to tax costs as in an action. (211-213 West 29th Street Co., Inc., v. Gorstein, 139 Misc. 238.)

Final order, judgment and order reversed and new trial ordered, with thirty dollars costs to appellant to abide the event.

All concur; present, Lydon, Peters and Frankenthaler, JJ.

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