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Steinfeld v. Morris

Appellate Division of the Supreme Court of New York, First Department
Dec 18, 1939
258 App. Div. 228 (N.Y. App. Div. 1939)

Opinion

December 18, 1939.

Appeal from Supreme Court of Bronx County, McGEEHAN, J.

Louis George Rudd, for the appellants.

Jerome S. Rosedale of counsel [ Robert J. Farrington, attorney], for the respondents.

Present — MARTIN, P.J., GLENNON, DORE, COHN and CALLAHAN, JJ.


On its face the amended complaint sets forth facts sufficient to constitute a cause of action. Trespass being an injury to possession, an action may be maintained therefor by plaintiff as a lessee in actual possession even against his landlord. ( Domhoff v. Stier, Incorporated, 157 App. Div. 204.)

Moreover, the allegations of the pleading challenged with respect to the continuance of the trespass are sufficient to permit evidence to be adduced on the trial which might warrant equitable relief. In any event the facts alleged in the complaint justify a recovery either at law or in equity. The complaint should not have been dismissed for insufficiency.

The order should be reversed, with twenty dollars costs and disbursements, and the motion denied, with leave to the defendants to answer within twenty days after service of order upon payment of said costs.


Order unanimously reversed, with twenty dollars costs and disbursements, and motion denied, with leave to the defendants to answer within twenty days after service of order upon payment of said costs.


Summaries of

Steinfeld v. Morris

Appellate Division of the Supreme Court of New York, First Department
Dec 18, 1939
258 App. Div. 228 (N.Y. App. Div. 1939)
Case details for

Steinfeld v. Morris

Case Details

Full title:SAMUEL STEINFELD and GIRARD MOTOR SALES, INC., Appellants, v. LEWIS…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 18, 1939

Citations

258 App. Div. 228 (N.Y. App. Div. 1939)
16 N.Y.S.2d 155

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