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Noah's Ark, Division of Eckmar Corp. v. Geib

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 20, 1969
31 A.D.2d 886 (N.Y. App. Div. 1969)

Opinion

February 20, 1969

Appeal from the Monroe Trial Term.

Present — Del Vecchio, J.P., Marsh, Witmer, Gabrielli and Moule, JJ.


Judgments unanimously affirmed, with costs. Memorandum: The record shows that respondent re-entered his premises peaceably, but is forcibly excluding appellant tenant from reoccupying them. Thus, there is no merit to appellant's claim that it was forcibly evicted. The record also shows that the fire damage to the premises was so extensive (90% of the value thereof) that the landlord was justified in deciding to rebuild and declaring the lease terminated ( Corbett v. Spring Garden Ins. Co., 155 N.Y. 389; same case after retrial, opinion 40 App. Div. 628, affd. without opinion, 167 N.Y. 596).


Summaries of

Noah's Ark, Division of Eckmar Corp. v. Geib

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 20, 1969
31 A.D.2d 886 (N.Y. App. Div. 1969)
Case details for

Noah's Ark, Division of Eckmar Corp. v. Geib

Case Details

Full title:NOAH'S ARK, DIVISION OF ECKMAR CORP., Appellant, v. FRED W. GEIB…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Feb 20, 1969

Citations

31 A.D.2d 886 (N.Y. App. Div. 1969)