Weston Radio & Television, Inc. v. Finkel

Appellate Terms of the Supreme Court of New York

Weston Radio & Television, Inc. v. Finkel

186 Misc. 719, 61 N.Y.S.2d 615, 1946 N.Y. Misc. LEXIS 2093

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 28, 1946

StatusPublished

This text of 186 Misc. 719 (Weston Radio & Television, Inc. v. Finkel) 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

Weston Radio & Television, Inc. v. Finkel, 186 Misc. 719, 61 N.Y.S.2d 615, 1946 N.Y. Misc. LEXIS 2093 (N.Y. Ct. App. 1946).

Pincite

Opinion

Memorandum Per Curiam.

Bad faith may not he inferred from the facts that a radio chain with stores in properties owned by several corporations in which the stock is owned by four individuals, caused one corporation, formerly realty, to extend its powers to include those of retail and wholesale radio, or the additional facts that the title was transferred and retransferred between two such corporations. As the landlord corporation is the owner of an equity in the property of not less than 25% of the purchase price and an interest of not less than 50% of the whole investment in the business which it proposes to carry on in the space to be acquired, it is entitled to possession. In addition, the tenants were informed the space in question was given up temporarily for the duration of the war when it would be reoccupied for the radio business, and that the tenancy given under the written agreements would be only for the interim.

The final order should be reversed, with $30 costs, and final order awarded to petitioner for possession of the premises described in the petition, with costs.

Hammer and McLaughlin, JJ., concur; Eder, J., dissents and votes to affirm.

Order reversed, etc.

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Memorandum Per Curiam.

Bad faith may not he inferred from the facts that a radio chain with stores in properties owned by several corporations in which the stock is owned by four individuals, caused one corporation, formerly realty, to extend its powers to include those of retail and wholesale radio, or the additional facts that the title was transferred and retransferred between two such corporations. As the landlord corporation is the owner of an equity in the property of not less than 25% of the purchase price and an interest of not less than 50% of the whole investment in the business which it proposes to carry on in the space to be acquired, it is entitled to possession. In addition, the tenants were informed the space in question was given up temporarily for the duration of the war when it would be reoccupied for the radio business, and that the tenancy given under the written agreements would be only for the interim.

The final order should be reversed, with $30 costs, and final order awarded to petitioner for possession of the premises described in the petition, with costs.

Hammer and McLaughlin, JJ., concur; Eder, J., dissents and votes to affirm.

Order reversed, etc.

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Bluebook (online)

186 Misc. 719, 61 N.Y.S.2d 615, 1946 N.Y. Misc. LEXIS 2093, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weston-radio-television-inc-v-finkel-nyappterm-1946.