Noah's Ark, Division of Eckmar Corp. v. Geib

Appellate Division of the Supreme Court of New York

Noah's Ark, Division of Eckmar Corp. v. Geib

31 A.D.2d 886, 298 N.Y.S.2d 296, 1969 N.Y. App. Div. LEXIS 4573

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

DecidedFebruary 20, 1969

StatusPublished

Cited by1 cases

This text of 31 A.D.2d 886 (Noah's Ark, Division of Eckmar Corp. v. Geib) 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

Noah's Ark, Division of Eckmar Corp. v. Geib, 31 A.D.2d 886, 298 N.Y.S.2d 296, 1969 N.Y. App. Div. LEXIS 4573 (N.Y. Ct. App. 1969).

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Opinion

Judgments unanimously affirmed, with costs. Memorandum: The record shows thait respondent re-entered his premises peaceably, but is forcibly excluding appellant tenant from reoeeupying them. Thus, there is no merit to appellant’s claim that it was forcibly evicted. The record also shows that the fire damage to the premises was so extensive (90% of the value thereof) that the landlord was justified in deciding to rebuild and declaring the lease terminated (Corbett V. Spring Garden Ins. Co., 155 N. Y. 389; same case after retrial, opinion 40 App. Div. 628, affd. without opinion, 167 N. Y. 596). (Appeal from judgments of Monroe Trial Term dismissing proceeding to recover real property.) Present — Del Vecchio, J. P., Marsh, Witmer, Gabrielli and Moule, JJ.

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Judgments unanimously affirmed, with costs. Memorandum: The record shows thait respondent re-entered his premises peaceably, but is forcibly excluding appellant tenant from reoeeupying them. Thus, there is no merit to appellant’s claim that it was forcibly evicted. The record also shows that the fire damage to the premises was so extensive (90% of the value thereof) that the landlord was justified in deciding to rebuild and declaring the lease terminated (Corbett V. Spring Garden Ins. Co., 155 N. Y. 389; same case after retrial, opinion 40 App. Div. 628, affd. without opinion, 167 N. Y. 596). (Appeal from judgments of Monroe Trial Term dismissing proceeding to recover real property.) Present — Del Vecchio, J. P., Marsh, Witmer, Gabrielli and Moule, JJ.

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Bluebook (online)

31 A.D.2d 886, 298 N.Y.S.2d 296, 1969 N.Y. App. Div. LEXIS 4573, Counsel Stack Legal Research, https://law.counselstack.com/opinion/noahs-ark-division-of-eckmar-corp-v-geib-nyappdiv-1969.

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