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NOAH'S ARK v. FRED W. GEIB (02/20/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT


February 20, 1969

NOAH'S ARK, DIVISION OF ECKMAR CORP., APPELLANT,
v.
FRED W. GEIB, RESPONDENT

Appeal from judgments of Monroe Trial Term dismissing proceeding to recover real property.

Del Vecchio, J. P., Marsh, Witmer, Gabrielli and Moule, JJ.

Memorandum: The record shows that respondent re-entered his premises peaceably, but is forcibly excluding appellant tenant from reoccupying them. Thus, there is no merit to appellant's claim that it was forcibly evicted. The record also shows that the fire damage to the premises was so extensive (90% of the value thereof) that the landlord was justified in deciding to rebuild and declaring the lease terminated (Corbett v. Spring Garden Ins. Co., 155 N. Y. 389; same case after retrial, opinion 40 App. Div. 628, affd. without opinion, 167 N. Y. 596).

Disposition

Judgments unanimously affirmed, with costs.

19690220

© 1998 VersusLaw Inc.



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