JONES v. GIANFERANTE


305 N.Y. 135 (1953)

Roland R. Jones, Appellant, v. James P. Gianferante, Tenant, Respondent. Robert J. Benedict et al., Interveners, Respondents.

Court of Appeals of the State of New York.

Decided March 5, 1953


Attorney(s) appearing for the Case

Joe Schapiro for appellant.

Edward H. O'Connor, Jr., for tenant-respondent.

N. Earle Evans, Jr., for interveners-respondents.

LOUGHRAN, Ch J., LEWIS, CONWAY, DYE and FULD, JJ., concur with DESMOND, J.; FROESSEL, J., concurs in the result.


DESMOND, J.

In this summary proceeding (Civ. Prac. Act, art. 83), brought in October, 1951, by the landlord (appellant here) to recover possession of premises used by the tenant (respondent here) in his bowling alley business, the question is: Did the Appellate Division err in excusing, on the ground of an honest mistake by the tenant, and absence of prejudice to the landlord, the tenant's delay in serving a notice...

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