Kilmer Park Construction Co. v. Lehrer

Appellate Terms of the Supreme Court of New York

Kilmer Park Construction Co. v. Lehrer

150 Misc. 673, 270 N.Y.S. 156, 1934 N.Y. Misc. LEXIS 1144

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 8, 1934

StatusPublished

This text of 150 Misc. 673 (Kilmer Park Construction Co. v. Lehrer) 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

Kilmer Park Construction Co. v. Lehrer, 150 Misc. 673, 270 N.Y.S. 156, 1934 N.Y. Misc. LEXIS 1144 (N.Y. Ct. App. 1934).

Pincite

Opinion

Per Curiam.

The dismissal of the proceeding because the trial judge said he could not “ go on ” with the case, the precept being missing, did not authorize a dismissal on the merits. The tenant had submitted to the jurisdiction of the court, and as there was no trial on the merits there could be no decision on the merits.

There is no allegation in the petition that the August rent was unpaid, and in the absence of such allegation no judgment may be awarded for that rent.

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

Appeal from order of November 22, 1933, dismissed.

All concur; present, Hammer, Callahan and Frankenthaler, JJ.

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