Lipira v. Hambleton Terminal Corp.

Appellate Division of the Supreme Court of New York

Lipira v. Hambleton Terminal Corp.

257 A.D. 922, 12 N.Y.S.2d 115, 1939 N.Y. App. Div. LEXIS 8411

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 19, 1939

StatusPublished

This text of 257 A.D. 922 (Lipira v. Hambleton Terminal Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lipira v. Hambleton Terminal Corp., 257 A.D. 922, 12 N.Y.S.2d 115, 1939 N.Y. App. Div. LEXIS 8411 (N.Y. Ct. App. 1939).

Pincite

Opinion

Order affirmed, with costs. Memorandum: As to the defendant’s first separate defense the proof fails accurately to describe the location of the driveway from the use of which the defendant claims to have been evicted. There is also a failure of proof to support the defendant’s second and third separate defenses. In view of the unsatisfactory state of the record upon issues tendered by the pleadings, we believe that the ends of justice will be promoted by a new trial. All concur. (The order reverses a judgment of the Buffalo City Court which [923]*923dismissed plaintiff’s complaint, and grants a new trial, in an action to recover rentals under a lease.) Present — Sears, P. J., Crosby, Lewis, Cunningham and Taylor, JJ.

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Order affirmed, with costs. Memorandum: As to the defendant’s first separate defense the proof fails accurately to describe the location of the driveway from the use of which the defendant claims to have been evicted. There is also a failure of proof to support the defendant’s second and third separate defenses. In view of the unsatisfactory state of the record upon issues tendered by the pleadings, we believe that the ends of justice will be promoted by a new trial. All concur. (The order reverses a judgment of the Buffalo City Court which [923]*923dismissed plaintiff’s complaint, and grants a new trial, in an action to recover rentals under a lease.) Present — Sears, P. J., Crosby, Lewis, Cunningham and Taylor, JJ.

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Bluebook (online)

257 A.D. 922, 12 N.Y.S.2d 115, 1939 N.Y. App. Div. LEXIS 8411, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lipira-v-hambleton-terminal-corp-nyappdiv-1939.