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Appellate Terms of the Supreme Court of New York, 1928

Brecher v. 11 West 42nd Street, Inc.

Brecher v. 11 West 42nd Street, Inc.
Appellate Terms of the Supreme Court of New York · Decided December 21, 1928
133 Misc. 423; 232 N.Y.S. 142; 1928 N.Y. Misc. LEXIS 1179

Counsel

Boskey, Schiller, Marvin & Serling [Saul B. Miners of counsel], for the appellant., Bond & Babson [Wm. Arthur Babson of counsel], for the respondent.

Brecher v. 11 West 42nd Street, Inc.

Opinion of the Court

Per Curiam.

Wall v. Hess (232 N. Y. 472) and subsequent authorities relied upon by respondent are inapplicable. A landlord *424is not privileged to end the tenant’s term by the exercise of an option and at the same time charge him with obligations consistent only with the continuance of the term.

Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.

All concur; present, Bijur, Levy and Crain, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.