McMeekan v. B/G Sandwich Shops, Inc.

Appellate Terms of the Supreme Court of New York

McMeekan v. B/G Sandwich Shops, Inc.

168 Misc. 355, 6 N.Y.S.2d 66, 1938 N.Y. Misc. LEXIS 1795

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 30, 1938

StatusPublished

This text of 168 Misc. 355 (McMeekan v. B/G Sandwich Shops, Inc.) 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

McMeekan v. B/G Sandwich Shops, Inc., 168 Misc. 355, 6 N.Y.S.2d 66, 1938 N.Y. Misc. LEXIS 1795 (N.Y. Ct. App. 1938).

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Opinion

Per Curiam.

The written lease was not a sealed instrument and the jury so found. (Drexler-Rochester Properties, Inc., v. Paris, 236 App. Div. 409; Empire Trust Co. v. Heinze, 242 N. Y. 475, 479.) The oral modification of this written lease in respect to future reductions of the agreed rental contravened the Statute of Frauds and was, therefore, unenforceable. (Real Prop. Law, § 259, prior to amendment by Laws of 1934, chap. 750; 800 West End Ave. Corp. v. Warner, 250 N. Y. 221.) There was an accord and satisfaction as to the rent due for August, 1936, and September, 1936.

Judgment reversed, with thirty dollars costs, and judgment directed for plaintiff for the sum of $800 and costs.

Shientag and Noonan, JJ., concur; Frankenthaler, J., taking no part.

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Per Curiam.

The written lease was not a sealed instrument and the jury so found. (Drexler-Rochester Properties, Inc., v. Paris, 236 App. Div. 409; Empire Trust Co. v. Heinze, 242 N. Y. 475, 479.) The oral modification of this written lease in respect to future reductions of the agreed rental contravened the Statute of Frauds and was, therefore, unenforceable. (Real Prop. Law, § 259, prior to amendment by Laws of 1934, chap. 750; 800 West End Ave. Corp. v. Warner, 250 N. Y. 221.) There was an accord and satisfaction as to the rent due for August, 1936, and September, 1936.

Judgment reversed, with thirty dollars costs, and judgment directed for plaintiff for the sum of $800 and costs.

Shientag and Noonan, JJ., concur; Frankenthaler, J., taking no part.

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Bluebook (online)

168 Misc. 355, 6 N.Y.S.2d 66, 1938 N.Y. Misc. LEXIS 1795, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcmeekan-v-bg-sandwich-shops-inc-nyappterm-1938.

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