Kemp v. Levy

Appellate Terms of the Supreme Court of New York

Kemp v. Levy

123 Misc. 379, 205 N.Y.S. 545, 1924 N.Y. Misc. LEXIS 968

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 27, 1924

StatusPublished

This text of 123 Misc. 379 (Kemp v. Levy) 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

Kemp v. Levy, 123 Misc. 379, 205 N.Y.S. 545, 1924 N.Y. Misc. LEXIS 968 (N.Y. Ct. App. 1924).

Pincite

Opinion

Per Curiam.

The question involved in this appeal is whether the vendee in possession of real estate who up to the date of closing had been a tenant, is liable for rent after that date where the failure to close title was due to the landlord’s default. The case was tried on stipulated facts as a question of law.

The learned trial court has found for the landlord. From the date of the landlord’s default the tenant was in possession as vendee and not as a tenant, and a' final order should have been directed in her favor.

Final order reversed, with" thirty dollars costs, and final order awarded the tenant dismissing the petition.

All concur; present, Burnt, Mullan and Levy, JJ.

Order reversed.

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