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89-09 Sutphin Corp. v. Scarinzi

Supreme Court, Appellate Term, Second Department
Oct 3, 1946
187 Misc. 536 (N.Y. App. Term 1946)

Opinion

October 3, 1946.

Appeal from the Municipal Court of the City of New York, Borough of Queens, CARIELLO, J.

Benjamin Berger for appellant.

Francis A. McGrath for respondent.


MEMORANDUM


The landlord did not terminate the tenancy by any notice. Summary proceedings, therefore, could not be instituted (Civ. Prac. Act, § 1410).

No new ground for summary proceedings is created by subdivision (b) of section 8 of chapter 314 of the Laws of 1945. Before the statute, a landlord was required to establish a contractual right to terminate the tenancy for a breach ( Michaels v. Fishel, 169 N.Y. 381, 389) and was obliged to exercise that right before instituting summary proceedings. ( Burnee Corp. v. Uneeda Pure Orange Drink Co., Inc., 132 Misc. 435; Janes v. Paddell, 67 Misc. 420). Subdivision (b) of section 8 simply lifts the ban against summary proceedings by a landlord having a contractual right to terminate a lease for a breach, and who has terminated it, provided there was continuance after notice of a breach of a substantial obligation.

The final order should be unanimously reversed on the law, with $30 costs to tenant, and proceedings dismissed.

MAcCRATE, SMITH and FENNELLY, JJ., concur.

Order reversed, etc.


Summaries of

89-09 Sutphin Corp. v. Scarinzi

Supreme Court, Appellate Term, Second Department
Oct 3, 1946
187 Misc. 536 (N.Y. App. Term 1946)
Case details for

89-09 Sutphin Corp. v. Scarinzi

Case Details

Full title:89-09 SUTPHIN CORP., Landlord, Respondent, v. "JOSEPH" SCARINZI, Tenant…

Court:Supreme Court, Appellate Term, Second Department

Date published: Oct 3, 1946

Citations

187 Misc. 536 (N.Y. App. Term 1946)
67 N.Y.S.2d 216

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