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Linker v. Herard

Supreme Court, Appellate Term, Second Department
Jun 17, 1958
13 Misc. 2d 445 (N.Y. App. Term 1958)

Opinion

June 17, 1958

Appeal from the Municipal Court of the City of New York, Borough of Brooklyn, JAMES W. FEELEY, J.

Nathan M. Cherey for appellant.

Leo Linker for respondent.


The final order and judgment should be affirmed, without costs. By her express agreement, the tenant was barred from asserting and obtaining an adjudication in the instant proceeding of the counterclaims pleaded ( Amazon Management Corp. v. Paff, 166 Misc. 438; Stevens v. Nye, 283 App. Div. 666; 3 New York Law of Landlord and Tenant, § 1126; Taylor v. Creary, 5 A.D.2d 876). Their dismissal was properly without prejudice to the tenant's right to bring any other action or proceeding based thereon, if she be so advised (cf. Blumenauer v. Richelson, 219 App. Div. 462).

Concur — PETTE, HART and BROWN, JJ.

Final order and judgment affirmed, etc.


Summaries of

Linker v. Herard

Supreme Court, Appellate Term, Second Department
Jun 17, 1958
13 Misc. 2d 445 (N.Y. App. Term 1958)
Case details for

Linker v. Herard

Case Details

Full title:LILLIAN B. LINKER, Respondent, v. CLEANTE HERARD, Appellant

Court:Supreme Court, Appellate Term, Second Department

Date published: Jun 17, 1958

Citations

13 Misc. 2d 445 (N.Y. App. Term 1958)
180 N.Y.S.2d 793

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