FEINSILVER v. CONRAD


9 A.D.2d 769 (1959)

Irwin Feinsilver, Respondent, v. Robert Conrad, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 9, 1959


Judgment unanimously affirmed, with costs, and order unanimously affirmed, without costs.

The lessor, appellant herein, expressly warranted that the use of the demised premises as a used car lot was permissible. The warranty was false. Recovery of damages thereon was proper even though the lease for the nonpermitted use was illegal. (Municipal Metallic Bed Mfg. Corp. v. Dobbs, 253 N.Y. 313.) The proof as to the conversion of the security by the appellant...

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