National Screen Service Corp. v. Hayes Printing Co.

Appellate Terms of the Supreme Court of New York

National Screen Service Corp. v. Hayes Printing Co.

17 Misc. 2d 866, 187 N.Y.S.2d 65, 1959 N.Y. Misc. LEXIS 3815

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 30, 1959

StatusPublished

Cited by1 cases

This text of 17 Misc. 2d 866 (National Screen Service Corp. v. Hayes Printing Co.) 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

National Screen Service Corp. v. Hayes Printing Co., 17 Misc. 2d 866, 187 N.Y.S.2d 65, 1959 N.Y. Misc. LEXIS 3815 (N.Y. Ct. App. 1959).

Pincite

Opinion

Per Curiam.

Defendant subtenant was under no liability either at common law or by reason of its status as a statutory subtenant to remove plaintiff sublessor’s abandoned property from the premises. The removal of the equipment, moreover, was unnecessary for the protection of the subtenant’s possession. In the circumstances any expense incurred by the subtenant in removing the property may not be offset against the plaintiff’s claim for rent.

The order should be reversed, with $10 costs, and motion granted.

Concur — Hofstadter, J. P., Steuer and Tilzer, JJ.

Order reversed, etc.

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