Sipal Realty Corporation v. William

Full title: SIPAL REALTY CORPORATION, Respondent, v. MAURICE WILLIAM, Appellant

Court: Supreme Court, Appellate Term, First Department

Date published: Nov 25, 1959

21 Misc. 2d 287 (N.Y. App. Term 1959)

199 N.Y.S.2d 792

Opinion

November 25, 1959

Appeal from the Municipal Court of the City of New York, Borough of Manhattan, HENRY SILVERMAN, J.

William L. Messing for appellant.

Zalkin Cohen ( Frederick B. Sussmann of counsel), for respondent.

Per Curiam.

The court below based its decision on a finding that rent was due in accordance with a judgment rendered in Special Term, Supreme Court. Thereafter, the Appellate Division reversed the Special Term. ( Matter of Sipal Realty Corp. [ Dankers], 16 Misc.2d 827, revd. 8 A.D.2d 355.) While the preferable practice would have been to move in the Municipal Court for a new trial ( Parkhurst v. Berdell, 110 N.Y. 386) we see no reason why the procedure should not be expedited. We, therefore, reverse the final order and direct a final order in favor of the tenant, without costs.

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

Final order reversed, etc.