Udell Estate, Inc. v. Standard Handkerchief Co.

Appellate Terms of the Supreme Court of New York

Udell Estate, Inc. v. Standard Handkerchief Co.

17 Misc. 2d 879, 186 N.Y.S.2d 882, 1959 N.Y. Misc. LEXIS 3660

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 21, 1959

StatusPublished

This text of 17 Misc. 2d 879 (Udell Estate, Inc. v. Standard Handkerchief Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Udell Estate, Inc. v. Standard Handkerchief Co., 17 Misc. 2d 879, 186 N.Y.S.2d 882, 1959 N.Y. Misc. LEXIS 3660 (N.Y. Ct. App. 1959).

Pincite

Opinion

Per Curiam.

At the time of the verification of the petition and the issuance of the precept the tenant was not in default. Since the rent was due on January 1, 1959, a legal holiday, the tenant, pursuant to section 25 of the General Construction Law, [880]*880Was entitled to make payment on the next business day. Accordingly, the final order in favor of the landlord was improperly made despite the fact that the rent was due at the time of the trial of the proceeding.

The final order and judgment should be reversed, with $30 costs, and final order directed in favor of tenant dismissing the petition, with costs.

Concur — Hoestadter, J. P., Hecht and Aurelio, JJ.

Final order and judgment reversed, etc.

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Per Curiam.

At the time of the verification of the petition and the issuance of the precept the tenant was not in default. Since the rent was due on January 1, 1959, a legal holiday, the tenant, pursuant to section 25 of the General Construction Law, [880]*880Was entitled to make payment on the next business day. Accordingly, the final order in favor of the landlord was improperly made despite the fact that the rent was due at the time of the trial of the proceeding.

The final order and judgment should be reversed, with $30 costs, and final order directed in favor of tenant dismissing the petition, with costs.

Concur — Hoestadter, J. P., Hecht and Aurelio, JJ.

Final order and judgment reversed, etc.

Cite This Page — Counsel Stack

Bluebook (online)

17 Misc. 2d 879, 186 N.Y.S.2d 882, 1959 N.Y. Misc. LEXIS 3660, Counsel Stack Legal Research, https://law.counselstack.com/opinion/udell-estate-inc-v-standard-handkerchief-co-nyappterm-1959.