Playland Holding Corp. v. Nunley

Appellate Terms of the Supreme Court of New York

Playland Holding Corp. v. Nunley

186 Misc. 864, 65 N.Y.S.2d 465, 1946 N.Y. Misc. LEXIS 2851

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 26, 1946

StatusPublished

This text of 186 Misc. 864 (Playland Holding Corp. v. Nunley) 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

Playland Holding Corp. v. Nunley, 186 Misc. 864, 65 N.Y.S.2d 465, 1946 N.Y. Misc. LEXIS 2851 (N.Y. Ct. App. 1946).

Pincite

Opinion

Memorandum Per Curiam.

An amusement park does not come within the category of any of the enumerated places of public assembly which are expressly excepted from the operation of chapter 314 of the Laws of 1945 (Business Bent Law). Consequently, the penny arcade space occupied by the tenants herein is subject to the provisions of the statute. Upon the trial, however, the uncontradicted evidence established that the landlord sought in good faith to recover possession of the demised premises for its own immediate use.

The final order should be unanimously reversed upon the law and facts, with $10 costs to the landlord, and final order directed for the landlord, with appropriate costs in the court below.

MacCrate, Smith and Steinbrink, JJ., concur.

Order reversed, etc.

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Memorandum Per Curiam.

An amusement park does not come within the category of any of the enumerated places of public assembly which are expressly excepted from the operation of chapter 314 of the Laws of 1945 (Business Bent Law). Consequently, the penny arcade space occupied by the tenants herein is subject to the provisions of the statute. Upon the trial, however, the uncontradicted evidence established that the landlord sought in good faith to recover possession of the demised premises for its own immediate use.

The final order should be unanimously reversed upon the law and facts, with $10 costs to the landlord, and final order directed for the landlord, with appropriate costs in the court below.

MacCrate, Smith and Steinbrink, JJ., concur.

Order reversed, etc.

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Bluebook (online)

186 Misc. 864, 65 N.Y.S.2d 465, 1946 N.Y. Misc. LEXIS 2851, Counsel Stack Legal Research, https://law.counselstack.com/opinion/playland-holding-corp-v-nunley-nyappterm-1946.