Searing v. Cohen

Appellate Terms of the Supreme Court of New York

Searing v. Cohen

191 Misc. 1006, 80 N.Y.S.2d 44, 1948 N.Y. Misc. LEXIS 2481

Appellate Terms of the Supreme Court of New York·Decided June 10, 1948·Published·Cited by 3 cases

Opinion

Per Curiam.

The reasonable value of the attorney’s services could have been recovered as rent in the summary proceeding brought prior to January, 1948 (Barrow Realty Corp. v. Village Brewery Restaurant, Inc., 272 App. Div. 262). The settlement of the January proceeding was not an accord and satisfaction (Morrison Estates v. H. & M. Amusement Co., 17 N. Y. S. 2d 565).

The judgment should be reversed, with $30 costs, and judgment directed in favor of plaintiffs with costs. The case is remitted to the court below for assessment of damages as to the reasonable value of the attorneys’ services in the summary proceeding to recover January, 1948, rent.

Hofstadter, Church and Hecht, JJ., concur.

Judgment reversed, etc.

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Per Curiam.

The reasonable value of the attorney’s services could have been recovered as rent in the summary proceeding brought prior to January, 1948 (Barrow Realty Corp. v. Village Brewery Restaurant, Inc., 272 App. Div. 262). The settlement of the January proceeding was not an accord and satisfaction (Morrison Estates v. H. & M. Amusement Co., 17 N. Y. S. 2d 565).

The judgment should be reversed, with $30 costs, and judgment directed in favor of plaintiffs with costs. The case is remitted to the court below for assessment of damages as to the reasonable value of the attorneys’ services in the summary proceeding to recover January, 1948, rent.

Hofstadter, Church and Hecht, JJ., concur.

Judgment reversed, etc.

Searing v. Cohen, 191 Misc. 1006, 80 N.Y.S.2d 44, 1948 N.Y. Misc. LEXIS 2481 (N.Y. Ct. App. 1948).

Pincite

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Opinion

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