Selmar Garage Corp. v. Rink Realty Corp.

Appellate Division of the Supreme Court of New York

Selmar Garage Corp. v. Rink Realty Corp.

284 A.D. 1064, 136 N.Y.S.2d 229, 1954 N.Y. App. Div. LEXIS 4580

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 27, 1954

StatusPublished

This text of 284 A.D. 1064 (Selmar Garage Corp. v. Rink Realty Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Selmar Garage Corp. v. Rink Realty Corp., 284 A.D. 1064, 136 N.Y.S.2d 229, 1954 N.Y. App. Div. LEXIS 4580 (N.Y. Ct. App. 1954).

Pincite

Opinion

In an action for specific performance of an agreement to give plaintiff an option to lease a garage or for damages, plaintiff appeals from a judgment entered after trial before the court without a jury, which judgment awarded plaintiff nominal damages. Judgment unanimously affirmed, without costs. The sole question of fact in this ease is whether the lease itself has any monetary value. Determination of that question depends on whether the rent reserved by the lease is less than the market rental value of the property. On conflicting evidence, the trier has awarded nominal damages on a finding that the lease has no value. That finding is supported by the weight of the credible evidence. Present — Nolan, P. J., Adel, Wenzel, MaeCrate and Murphy, JJ. [See 285 App. Div. 831.]

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In an action for specific performance of an agreement to give plaintiff an option to lease a garage or for damages, plaintiff appeals from a judgment entered after trial before the court without a jury, which judgment awarded plaintiff nominal damages. Judgment unanimously affirmed, without costs. The sole question of fact in this ease is whether the lease itself has any monetary value. Determination of that question depends on whether the rent reserved by the lease is less than the market rental value of the property. On conflicting evidence, the trier has awarded nominal damages on a finding that the lease has no value. That finding is supported by the weight of the credible evidence. Present — Nolan, P. J., Adel, Wenzel, MaeCrate and Murphy, JJ. [See 285 App. Div. 831.]

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Bluebook (online)

284 A.D. 1064, 136 N.Y.S.2d 229, 1954 N.Y. App. Div. LEXIS 4580, Counsel Stack Legal Research, https://law.counselstack.com/opinion/selmar-garage-corp-v-rink-realty-corp-nyappdiv-1954.