Lema Realty Corp. v. Najarian

Appellate Terms of the Supreme Court of New York

Lema Realty Corp. v. Najarian

186 Misc. 752, 65 N.Y.S.2d 323, 1946 N.Y. Misc. LEXIS 2810

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 11, 1946

StatusPublished

Cited by1 cases

This text of 186 Misc. 752 (Lema Realty Corp. v. Najarian) 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

Lema Realty Corp. v. Najarian, 186 Misc. 752, 65 N.Y.S.2d 323, 1946 N.Y. Misc. LEXIS 2810 (N.Y. Ct. App. 1946).

Pincite

Opinion

Memorandum Per Curiam.

Plaintiff was entitled to relet the premises for the account of the tenant upon the latter’s abandonment thereof, pursuant to the provisions of the lease between them. But it was not authorized to grant the new tenants any concession at the expense of the abandoning tenant (Schwartz v. Brucato, 57 App. Div. 202). Accordingly, it was not entitled to rent for January and February, 1944, the period of the concession.

The judgment should be unanimously modified upon the law by reducing the amount of the recovery against defendant to $210, together with interest and appropriate costs in the court below, and as so modified affirmed, with $25 costs of this appeal to the defendant.

MacCrate, McCooey and Steinbrink, JJ., concur.

Judgment accordingly.

Free access — add to your briefcase to read the full text and ask questions with AI