Schwartz v. Parker

17 Misc. 2d 951, 192 N.Y.S.2d 473, 1959 N.Y. Misc. LEXIS 4064
CourtAppellate Terms of the Supreme Court of New York
DecidedMarch 24, 1959
StatusPublished
Cited by1 cases

This text of 17 Misc. 2d 951 (Schwartz v. Parker) 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
Schwartz v. Parker, 17 Misc. 2d 951, 192 N.Y.S.2d 473, 1959 N.Y. Misc. LEXIS 4064 (N.Y. Ct. App. 1959).

Opinion

Per Curiam.

It is undisputed that the lease for the store space in question was executed in conformity with the provisions of section 8 (subd. [gg], par. [1]) of the Business Rent Law (L. 1945, ch. 314, as amd.). Upon the expiration of the term, such space was removed from the possessory protection theretofore afforded by the statute (Business Rent Law, § 12, as amd. by L. 1956, ch. 735, L. 1957, ch. 452).

The final order should be unanimously reversed on the law and facts, with $30 costs to landlord, and final order directed for landlord as prayed for in the petition, with appropriate costs in the court below. Issuance of warrant stayed until May 31, 1959, upon condition that tenant pay to landlord for use and occupation the same monthly rent as heretofore, in advance.

Concur — Pette, Di Giovanna and Benjamin, JJ.

Final order reversed, etc.

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Related

Joffe v. Drake Business School, Inc.
35 Misc. 2d 442 (Appellate Terms of the Supreme Court of New York, 1962)

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Bluebook (online)
17 Misc. 2d 951, 192 N.Y.S.2d 473, 1959 N.Y. Misc. LEXIS 4064, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schwartz-v-parker-nyappterm-1959.