Trebuhs Realty Co. v. 210 Central Park South Corp.

18 A.D.2d 895, 237 N.Y.S.2d 923, 1963 N.Y. App. Div. LEXIS 4350

Opinion

Judgment entered April 17, 1962, in favor of plaintiffs-respondents unanimously affirmed, with costs to plaintiffs-respondents against defendants-appellants. Additional judgment, entered May 10, 1962, in favor of defendant-respondent 210 Central Park South Corporation, unanimously modified on the law and the facts and in the exercise of discretion, to the extent of deleting any determination of defendant-respondent 210 Central Park South Corporation’s second cross complaint and remanding the issues raised by such cross complaint and the answer thereto for a new trial, and the additional judgment is otherwise affirmed, without costs to any party. There was a failure of proof of the facts and circumstances surrounding the erection and maintenance of the air conditioning water tower bearing on the existence, nature, and extent either of a license or agreement and whether the requirements, if any, for a writing were satisfied. The interests of justice require a new trial on this issue. Settle order on notice. Concur—Botein, P. J., Breitel, Rabin, Eager and Steuer, JJ. [34 Misc 2d 333.]