Sipal Realty Corp. v. William

Appellate Terms of the Supreme Court of New York

Sipal Realty Corp. v. William

21 Misc. 2d 287, 199 N.Y.S.2d 792, 1959 N.Y. Misc. LEXIS 2547

Appellate Terms of the Supreme Court of New York·Decided November 25, 1959·Published

Opinion

Per Curiam.

The court below based its decision on a finding that rent was due in accordance with a judgment rendered in Special Term, Supreme Court. Thereafter, the Appellate Division reversed the Special Term. (Matter of Sipal Realty Corp. [Dankers], 16 Misc 2d 827, revd. 8 A D 2d 355.) While the preferable practice would have been to move in the Municipal Court for a new trial (Parkhurst v. Berdell, 110 N. Y. 386) we see no reason why the procedure should not be expedited. We, therefore, reverse the final order and direct a final order in favor of the tenant, without costs.

Concur — Steuer, J. P., Aurelio and Tilzer, JJ.

Final order reversed, etc.

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Per Curiam.

The court below based its decision on a finding that rent was due in accordance with a judgment rendered in Special Term, Supreme Court. Thereafter, the Appellate Division reversed the Special Term. (Matter of Sipal Realty Corp. [Dankers], 16 Misc 2d 827, revd. 8 A D 2d 355.) While the preferable practice would have been to move in the Municipal Court for a new trial (Parkhurst v. Berdell, 110 N. Y. 386) we see no reason why the procedure should not be expedited. We, therefore, reverse the final order and direct a final order in favor of the tenant, without costs.

Concur — Steuer, J. P., Aurelio and Tilzer, JJ.

Final order reversed, etc.

Sipal Realty Corp. v. William, 21 Misc. 2d 287, 199 N.Y.S.2d 792, 1959 N.Y. Misc. LEXIS 2547 (N.Y. Ct. App. 1959).

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Opinion

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