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Appellate Terms of the Supreme Court of New York, 1962

Fifthway Realty Corp. v. Sudbury Import Co.

Fifthway Realty Corp. v. Sudbury Import Co.
Appellate Terms of the Supreme Court of New York · Decided February 15, 1962
35 Misc. 2d 159; 232 N.Y.S.2d 291; 1962 N.Y. Misc. LEXIS 3835

Counsel

Helmut J. Kraemer and David Gale for appellant. Henry Solomon for respondent.

Fifthway Realty Corp. v. Sudbury Import Co.

Opinion of the Court

Per Curiam.

In an eviction proceeding where the uncontradicted testimony and documentary proof established that the landlord had accepted rent between the time of the statutory *160notice of the termination of tenancy and the commencement of the holdover proceeding, the proceeding should have been dismissed (Guy v. Furman, 4 Misc 2d 564 [App. Term, 1st Dept.]).

The final order should be reversed, with $30 costs, and final order directed in favor of tenant, with costs.

Concur — Hecht, J. P., Gold and Capozzoli, JJ.

Final order reversed, etc.

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