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Appellate Terms of the Supreme Court of New York, 1959

Sipal Realty Corp. v. William

Sipal Realty Corp. v. William
Appellate Terms of the Supreme Court of New York · Decided November 25, 1959
21 Misc. 2d 287; 199 N.Y.S.2d 792; 1959 N.Y. Misc. LEXIS 2547

Counsel

William L. Messing for appellant., Zalkin é Cohen (Frederick B. Sussmann of counsel), for respondent.

Sipal Realty Corp. v. William

Opinion of the Court

Per Curiam.

The court below based its decision on a finding that rent was due in accordance with a judgment rendered in Special Term, Supreme Court. Thereafter, the Appellate Division reversed the Special Term. (Matter of Sipal Realty Corp. [Dankers], 16 Misc 2d 827, revd. 8 A D 2d 355.) While the preferable practice would have been to move in the Municipal Court for a new trial (Parkhurst v. Berdell, 110 N. Y. 386) we see no reason why the procedure should not be expedited. We, therefore, reverse the final order and direct a final order in favor of the tenant, without costs.

Concur — Steuer, J. P., Aurelio and Tilzer, JJ.

Final order reversed, etc.

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