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8-10 East 49th Street, Inc. v. Sawabini

Supreme Court, Appellate Term, First Department
Nov 17, 1960
28 Misc. 2d 507 (N.Y. App. Term 1960)

Opinion

November 17, 1960

Appeal from the Municipal Court of the City of New York, Borough of Manhattan, PELHAM ST. GEORGE BISSELL, 3D, J.

William L. Messing for appellant.

George M. Barakat for respondent.


The landlord in seeking to evict the tenant from the premises was entitled either to an order granting him possession of the premises or else, if the law and facts so warranted, a final order could have been entered for the tenant. The disposition by the court below wherein landlord was awarded possession of a portion of the apartment and the tenant another portion thereof was improper and without authority.

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

Concur — HOFSTADTER, J.P., AURELIO and TILZER, JJ.

Final order reversed, etc.


Summaries of

8-10 East 49th Street, Inc. v. Sawabini

Supreme Court, Appellate Term, First Department
Nov 17, 1960
28 Misc. 2d 507 (N.Y. App. Term 1960)
Case details for

8-10 East 49th Street, Inc. v. Sawabini

Case Details

Full title:8-10 EAST 49TH STREET, INC., Appellant, v. MARIE E. SAWABINI, Respondent

Court:Supreme Court, Appellate Term, First Department

Date published: Nov 17, 1960

Citations

28 Misc. 2d 507 (N.Y. App. Term 1960)
219 N.Y.S.2d 753