Appellate Terms of the Supreme Court of New York, 1945

Moak v. Mehlman

Appellate Terms of the Supreme Court of New York · Decided December 13, 1945

185 Misc. 992; 60 N.Y.S.2d 569; 1945 N.Y. Misc. LEXIS 2692

Counsel

Samuel Both for appellant., Abraham Solomon for respondent.

Opinion of the Court

Memorandum Per Curiam.

Under the facts presented in this case, a fair interpretation of the landlord’s use, would include that of the daughter. It was error, therefore, for the court to dismiss the petition at the end of the landlord’s case.

The final order should be unanimously reversed, upon the law, and new trial granted, with $30 costs to the landlord to abide the event.

MacCrate, Smith and Steinbrink, JJ., concur.

Order reversed, etc.

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