HOEFLER v. GALLERY


8 N.Y.2d 369 (1960)

Frank Hoefler, Respondent, v. George G. Gallery, Respondent, and National Union Fire Insurance Co., Inc., Appellant.

Court of Appeals of the State of New York.

Decided November 30, 1960.


Attorney(s) appearing for the Case

Hugh McM. Russ and Stephen H. Kelly for appellant.

Raymond T. Miles for George G. Gallery, respondent.

James E. Kelly for Frank J. Grimmer and another, respondents.

Judges DYE, FROESSEL, VAN VOORHIS, BURKE and FOSTER concur with Judge FULD; Chief Judge DESMOND dissents in a separate opinion.


FULD, J.

This appeal, here by our permission, requires us to decide whether under the circumstances presented a tenant, following a fire which destroyed the leased premises, is entitled to recover from his landlord the amount of rent, paid in advance, for the unexpired portion of the term.

George Gallery leased property which he owned in West Seneca, New York, to Frank Hoefler in June of 1957, for use...

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