Reiss v. Mackay

Appellate Terms of the Supreme Court of New York

Reiss v. Mackay

187 Misc. 360, 61 N.Y.S.2d 851, 1946 N.Y. Misc. LEXIS 2162

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 4, 1946

StatusPublished

This text of 187 Misc. 360 (Reiss v. Mackay) 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

Reiss v. Mackay, 187 Misc. 360, 61 N.Y.S.2d 851, 1946 N.Y. Misc. LEXIS 2162 (N.Y. Ct. App. 1946).

Pincite

Opinion

Per Curiam.

Memorandum The proof of the landlords’ ownership of the premises is sufficient. The “ immediate and personal use ” required by subdivision (d) of section 8 of the Commercial Bent Law (L. 1945, ch. 3, as amd. by L. 1946, ch. 272) refers to use immediately upon removal of the tenant, not to use immediately upon acquiring title. The final order cannot be sustained upon the ground that the landlords failed to show good faith; from the record it appears that the court below did not pass upon that question.

The final order should be reversed and a new trial ordered, with $30 costs to appellants to abide the event.

Shientag, McLaughlin and Hecht, JJ., concur.

Order reversed, etc.

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Per Curiam.

Memorandum The proof of the landlords’ ownership of the premises is sufficient. The “ immediate and personal use ” required by subdivision (d) of section 8 of the Commercial Bent Law (L. 1945, ch. 3, as amd. by L. 1946, ch. 272) refers to use immediately upon removal of the tenant, not to use immediately upon acquiring title. The final order cannot be sustained upon the ground that the landlords failed to show good faith; from the record it appears that the court below did not pass upon that question.

The final order should be reversed and a new trial ordered, with $30 costs to appellants to abide the event.

Shientag, McLaughlin and Hecht, JJ., concur.

Order reversed, etc.

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Bluebook (online)

187 Misc. 360, 61 N.Y.S.2d 851, 1946 N.Y. Misc. LEXIS 2162, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reiss-v-mackay-nyappterm-1946.