Murphy v. Peterson

Appellate Terms of the Supreme Court of New York

Murphy v. Peterson

123 Misc. 945, 206 N.Y.S. 649, 1924 N.Y. Misc. LEXIS 1238

Appellate Terms of the Supreme Court of New York·Decided November 13, 1924·Published

Opinion

Per Cunam.

The refusal of the trial judge to charge the jury in accordance with our decision in Markwin Realty Corp. v. Geisler, 122 Misc. Rep. 697; affd., 210 App. Div. 845, that the space occupied by the stores in the premises should be considered in determining a reasonable rental as so much apartment space and chargeable only with the rent which would be reasonable for such apartment space, was error and requires a reversal of the judgment.

Judgment reversed and a new trial ordered, with twenty dollars costs to appellant.

All concur; present, Guy, Bijur and Mullan, JJ.

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Per Cunam.

The refusal of the trial judge to charge the jury in accordance with our decision in Markwin Realty Corp. v. Geisler, 122 Misc. Rep. 697; affd., 210 App. Div. 845, that the space occupied by the stores in the premises should be considered in determining a reasonable rental as so much apartment space and chargeable only with the rent which would be reasonable for such apartment space, was error and requires a reversal of the judgment.

Judgment reversed and a new trial ordered, with twenty dollars costs to appellant.

All concur; present, Guy, Bijur and Mullan, JJ.

Murphy v. Peterson, 123 Misc. 945, 206 N.Y.S. 649, 1924 N.Y. Misc. LEXIS 1238 (N.Y. Ct. App. 1924).

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Opinion

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