Appellate Terms of the Supreme Court of New York, 1944

Broadway Improvement Co. v. Family Finance Corp.

Broadway Improvement Co. v. Family Finance Corp.
Appellate Terms of the Supreme Court of New York · Decided May 4, 1944
182 Misc. 20; 49 N.Y.S.2d 590; 1944 N.Y. Misc. LEXIS 2151

Counsel

Arthur T. Schmidt for appellant., Julius Winn for respondent.

Broadway Improvement Co. v. Family Finance Corp.

Opinion of the Court

Memorandum Per Curiam.

The evidence does not support the finding that within the meaning of the cancellation clause it was impossible for defendant, after the issuance of Regulation W (adopted Aug. 21, 1941, by the Board of Governors of the Federal Reserve System),to carry on its business at the demised premises.

The judgment should be modified by increasing plaintiff’s recovery to the sum of $480, with interest and costs, and as modified affirmed, with $25 costs to appellant.

Hammer, Eder and Hecht, JJ., concur.

Judgment modified.

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