ARBERN REALTY v. CLAY CRAFT


188 Misc.2d 314 (2001)

727 N.Y.S.2d 236

ARBERN REALTY COMPANY, Appellant-Respondent, v. CLAY CRAFT PLANTERS COMPANY, INC., Respondent-Appellant.

Supreme Court, Appellate Term, Second Department.

February 22, 2001.


Attorney(s) appearing for the Case

Greer & Associates, P. C., New York City (Lisa A. Wellman of counsel), for appellant-respondent.

Novick, Edelstein, Lubell, Reisman, Wasserman & Leventhal, P. C., Yonkers (Lawrence Schiro of counsel), for respondent-appellant.

FLOYD, P. J., DOYLE and COLABELLA, JJ., concur.


OPINION OF THE COURT

MEMORANDUM.

Final judgment unanimously reversed without costs and matter remanded to the court below for an assessment of damages.

In this commercial nonpayment proceeding, the court awarded tenant a 25% abatement of the rent. On this appeal and cross appeal, landlord seeks to modify the judgment by striking the abatement, contending that there was no eviction of tenant and no proof of damages, and tenant seeks to modify the...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases