Appellate Terms of the Supreme Court of New York, 1958

Hubrecht v. Terrassault

Appellate Terms of the Supreme Court of New York · Decided April 24, 1958

12 Misc. 2d 55; 178 N.Y.S.2d 225; 1958 N.Y. Misc. LEXIS 3456

Counsel

Gerald J. McMahon and John S. Williamson, Jr., for appellant., Thomas T. Kilhenny for respondent.

Opinion of the Court

Per Curiam.

While the record might well justify a final order for the tenant, the Trial Justice evinced throughout such hostility towards the landlord’s position that the landlord was *56not accorded a fair trial to which he is entitled by law. The result may not stand and the interests of justice require a new trial.

The final order should be reversed and a new trial ordered, with $30 costs to appellant to abide the event.

Steuer, J. P., Hoestadter and Tilzer, JJ., concur.

Final order reversed, etc.

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