Seabrook v. Commuter Housing Co.

Appellate Terms of the Supreme Court of New York

Seabrook v. Commuter Housing Co.

79 Misc. 2d 168, 363 N.Y.S.2d 566, 1973 N.Y. Misc. LEXIS 1269

CourtAppellate Terms of the Supreme Court of New York

DecidedSeptember 21, 1973

StatusPublished

Cited by4 cases

This text of 79 Misc. 2d 168 (Seabrook v. Commuter Housing Co.) 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

Seabrook v. Commuter Housing Co., 79 Misc. 2d 168, 363 N.Y.S.2d 566, 1973 N.Y. Misc. LEXIS 1269 (N.Y. Ct. App. 1973).

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Opinion

Memorandum. Judgment affirmed, without costs.

In our opinion, the lessor failed to satisfy its implied promise to deliver possession of the premises on the date fixed by the lease for the commencement of the term, or within a reasonable time thereafter (cf. Real Property Law, § 223-a; Rein v. Metrik Co., 200 Misc. 231; Hartwig v. 6465 Realty Co., 67 Misc 2d 450 [App. Term, 1st Dept.]). Accordingly, we find it unnecessary to consider whether the doctrine of unconscionability (Uniform Commercial Code, § 2-302), relied upon by the court below as a basis for plaintiff’s recovery (see Seabrook v. Commuter Housing Co., 72 Misc 2d 6), should be applied.

Concur — Groat, P. J., Rinaldi and Cone, JJ.

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Memorandum. Judgment affirmed, without costs.

In our opinion, the lessor failed to satisfy its implied promise to deliver possession of the premises on the date fixed by the lease for the commencement of the term, or within a reasonable time thereafter (cf. Real Property Law, § 223-a; Rein v. Metrik Co., 200 Misc. 231; Hartwig v. 6465 Realty Co., 67 Misc 2d 450 [App. Term, 1st Dept.]). Accordingly, we find it unnecessary to consider whether the doctrine of unconscionability (Uniform Commercial Code, § 2-302), relied upon by the court below as a basis for plaintiff’s recovery (see Seabrook v. Commuter Housing Co., 72 Misc 2d 6), should be applied.

Concur — Groat, P. J., Rinaldi and Cone, JJ.

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Bluebook (online)

79 Misc. 2d 168, 363 N.Y.S.2d 566, 1973 N.Y. Misc. LEXIS 1269, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seabrook-v-commuter-housing-co-nyappterm-1973.

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