Plymouth Estate, Inc. v. Keery

Appellate Terms of the Supreme Court of New York

Plymouth Estate, Inc. v. Keery

190 Misc. 819, 76 N.Y.S.2d 89, 1947 N.Y. Misc. LEXIS 3538

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 11, 1947

StatusPublished

Cited by2 cases

This text of 190 Misc. 819 (Plymouth Estate, Inc. v. Keery) 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

Plymouth Estate, Inc. v. Keery, 190 Misc. 819, 76 N.Y.S.2d 89, 1947 N.Y. Misc. LEXIS 3538 (N.Y. Ct. App. 1947).

Pincite

Opinion

Per Curiam.

Memorandum The tenant was not entitled to an offset for the time that was required to repair the damage due to the fire, which was not caused by the landlord’s negligence. There was never any surrender of the premises by the tenant and therefore the tenant was not relieved of his obligation to pay rent (Smith v. Kerr, 108 N. Y. 31).

The final order should be reversed, with $30 costs, and final order directed for landlord for possession of the premises described in the petition, with costs.

Hammer, Hoestadter and Hecht, JJ., concur.

Final order reversed, etc.

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