Miller v. Colcord

Appellate Division of the Supreme Court of New York

Miller v. Colcord

275 A.D.2d 806

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

DecidedMay 24, 1949

StatusPublished

This text of 275 A.D.2d 806 (Miller v. Colcord) 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

Miller v. Colcord, 275 A.D.2d 806 (N.Y. Ct. App. 1949).

Pincite

Opinion

Per Curiam.

The record establishes that plaintiff has a compelling need to occupy her apartment. The formal prerequisites as to certificates permitting the landlord to bring the action were satisfied. On the stipulation for judgment absolute, the order reversing the final order in favor of the tenant and ordering a new trial is modified to the extent of directing a final order in favor of the landlord. An order should be settled providing for a sixty-day stay of issuance of the warrant.

The order reversing the intermediate order should be affirmed.

Dore, J. P., Cohn, Callahan, Van Voorhis and Shientag, JJ., concur.

Determination, insofar as it reversed final order in favor of tenant and ordered a new trial, unanimously modified, with costs to the landlord respondent, and final order granted in favor of landlord respondent and the determination, insofar as it reversed intermediate order, unanimously affirmed. Settle order on notice.

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Per Curiam.

The record establishes that plaintiff has a compelling need to occupy her apartment. The formal prerequisites as to certificates permitting the landlord to bring the action were satisfied. On the stipulation for judgment absolute, the order reversing the final order in favor of the tenant and ordering a new trial is modified to the extent of directing a final order in favor of the landlord. An order should be settled providing for a sixty-day stay of issuance of the warrant.

The order reversing the intermediate order should be affirmed.

Dore, J. P., Cohn, Callahan, Van Voorhis and Shientag, JJ., concur.

Determination, insofar as it reversed final order in favor of tenant and ordered a new trial, unanimously modified, with costs to the landlord respondent, and final order granted in favor of landlord respondent and the determination, insofar as it reversed intermediate order, unanimously affirmed. Settle order on notice.

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Bluebook (online)

275 A.D.2d 806, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-colcord-nyappdiv-1949.