From Casetext: Smarter Legal Research

IRV-MAN REALTY CO. v. O'CONNOR

Supreme Court, Appellate Term, First Department.
Nov 6, 1952
203 Misc. 304 (N.Y. App. Term 1952)

Opinion

11-06-1952

Irv-Man Realty Co., Inc., Appellant, v. Lawrence O'Connor, Respondent.


Julius Siegel for appellant. Samuel Davis for respondent. SCHREIBER and HECHT, JJ., concur in Per Curiam memorandum; HOFSTADTER, J., concurs in result. Per Curiam. As the tenancy was statutory in character, each month's occupation of the demised premises gave rise to a separate and distinct cause of action for rent. The doctrine invoked by defendant applies only where there is a splitting of a single indivisible cause of action (Gedney v. Gedney, 19 App. Div. 407, affd. 160 N.Y. 471). Cases dealing with installments of rent or otherwise due under leases or other contracts are clearly distinguishable since they involve splitting of single causes of action under the leases or contracts in question. In the instant case, no splitting of a single cause of action is involved. The judgment should be reversed, with $30 costs, and judgment directed in favor of plaintiff, with costs. Judgment reversed, etc.


Summaries of

IRV-MAN REALTY CO. v. O'CONNOR

Supreme Court, Appellate Term, First Department.
Nov 6, 1952
203 Misc. 304 (N.Y. App. Term 1952)
Case details for

IRV-MAN REALTY CO. v. O'CONNOR

Case Details

Full title:Irv-Man Realty Co., Inc., Appellant,v.Lawrence O'Connor, Respondent.

Court:Supreme Court, Appellate Term, First Department.

Date published: Nov 6, 1952

Citations

203 Misc. 304 (N.Y. App. Term 1952)