BALK FAMILY TRUST v. SCHMIDT

1103 CA 09-00338.

66 A.D.3d 1422 (2009)

886 N.Y.S.2d 313

2009 NY Slip Op 6986

BALK FAMILY TRUST, Respondent, v. JOHN SCHMIDT et al., Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided October 2, 2009.


It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, the motion is granted and judgment is granted in favor of defendant John Schmidt as follows:

"It is ADJUDGED and DECLARED that defendant John Schmidt has the right of yearly renewal of the lease in question during his lifetime, and the cross motion is denied and the injunction is vacated."

Memorandum: Plaintiff's predecessor in title, Paulette Carlson...

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