Spallina v. Lo Schiavo

Appellate Division of the Supreme Court of New York

Spallina v. Lo Schiavo

277 A.D.2d 1122

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

DecidedDecember 4, 1950

StatusPublished

This text of 277 A.D.2d 1122 (Spallina v. Lo Schiavo) 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

Spallina v. Lo Schiavo, 277 A.D.2d 1122 (N.Y. Ct. App. 1950).

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Opinion

In an action to recover damages for wrongfully removing a tenant (Business Rent Law, L. 1945, ch. 314, § 8, as amd.), judgment entered in favor of defendant, after trial by the court, without a jury, unanimously affirmed, with costs. On this record we do not find that the examination of witnesses by the Trial Justice was unduly prolonged so as to prevent the introduction of proper evidence by counsel. The record adequately displays the nature and extent of appellant’s ease; and we hold that the respondent was entitled to judgment by reason of -the failure to prove that appellant was respondent’s tenant and that appellant was removed. Present — Johnston, Acting P. J., Adel, Sneed and Wenzel, JJ.; MacCrate, J., not voting.

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In an action to recover damages for wrongfully removing a tenant (Business Rent Law, L. 1945, ch. 314, § 8, as amd.), judgment entered in favor of defendant, after trial by the court, without a jury, unanimously affirmed, with costs. On this record we do not find that the examination of witnesses by the Trial Justice was unduly prolonged so as to prevent the introduction of proper evidence by counsel. The record adequately displays the nature and extent of appellant’s ease; and we hold that the respondent was entitled to judgment by reason of -the failure to prove that appellant was respondent’s tenant and that appellant was removed. Present — Johnston, Acting P. J., Adel, Sneed and Wenzel, JJ.; MacCrate, J., not voting.

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Bluebook (online)

277 A.D.2d 1122, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spallina-v-lo-schiavo-nyappdiv-1950.