Smilo v. Cooper-Smith

New York Court of Appeals

Smilo v. Cooper-Smith

99 N.E.2d 10, 302 N.Y. 789, 1951 N.Y. LEXIS 928

CourtNew York Court of Appeals

DecidedApril 13, 1951

StatusPublished

Cited by2 cases

This text of 99 N.E.2d 10 (Smilo v. Cooper-Smith) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Smilo v. Cooper-Smith, 99 N.E.2d 10, 302 N.Y. 789, 1951 N.Y. LEXIS 928 (N.Y. 1951).

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Opinion

Judgment affirmed, with costs. We disapprove (see City of New York v. Pike Realty Corp., 247 N. Y. 245) the measure of damages adopted below which was based on estimated parking and storage fees less estimated expense during the term of the lease. Nonetheless an affirmance is in order. There is basis in this record to sustain the judgment furnished by defendant himself as to the value of the lease above the agreed rental. Also the plaintiff’s proof as to value of improvements made to the fee of which the defendant had the advantage is undisputed. No opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Froessel, JJ.

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Judgment affirmed, with costs. We disapprove (see City of New York v. Pike Realty Corp., 247 N. Y. 245) the measure of damages adopted below which was based on estimated parking and storage fees less estimated expense during the term of the lease. Nonetheless an affirmance is in order. There is basis in this record to sustain the judgment furnished by defendant himself as to the value of the lease above the agreed rental. Also the plaintiff’s proof as to value of improvements made to the fee of which the defendant had the advantage is undisputed. No opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Froessel, JJ.

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Bluebook (online)

99 N.E.2d 10, 302 N.Y. 789, 1951 N.Y. LEXIS 928, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smilo-v-cooper-smith-ny-1951.

Opinion

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