Owners' Syndicate Co. v. Koelble

Appellate Terms of the Supreme Court of New York

Owners' Syndicate Co. v. Koelble

134 N.Y.S. 925

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 16, 1912

StatusPublished

Cited by1 cases

This text of 134 N.Y.S. 925 (Owners' Syndicate Co. v. Koelble) 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

Owners' Syndicate Co. v. Koelble, 134 N.Y.S. 925 (N.Y. Ct. App. 1912).

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Opinion

BIJUR, J.

An owner re-entered an apartment of defendant on July 20th and had it cleaned. Prior to this, defendant had paid the July rent, but had told and written the landlord that he had 'moved. The landlord, however, by the terms of the lease, was expressly awarded the right, if the premises “became vacant by the voluntary removal of the lessee,” to re-enter and re-lease for the tenant’s benefit. This is all that he did in the case at bar, and the landlord should have recovered for the August rent and half of September.

Judgment reversed, and new trial granted, with costs to appellant to abide the event. All concur.

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BIJUR, J.

An owner re-entered an apartment of defendant on July 20th and had it cleaned. Prior to this, defendant had paid the July rent, but had told and written the landlord that he had 'moved. The landlord, however, by the terms of the lease, was expressly awarded the right, if the premises “became vacant by the voluntary removal of the lessee,” to re-enter and re-lease for the tenant’s benefit. This is all that he did in the case at bar, and the landlord should have recovered for the August rent and half of September.

Judgment reversed, and new trial granted, with costs to appellant to abide the event. All concur.

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Bluebook (online)

134 N.Y.S. 925, Counsel Stack Legal Research, https://law.counselstack.com/opinion/owners-syndicate-co-v-koelble-nyappterm-1912.

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