Legal Opinion

Furio v. Smith

Appellate Division of the Supreme Court of the State of New York

Decided June 30, 1947Published

1Opinion of the Court

In a summary proceeding which awards possession of certain premises described therein to the petitioner-landlord, final order of the County Court of Putnam County reversed on the law, with costs, and the petition dismissed on the law, with costs. The lease is a formal document, apparently prepared by a person presumably familiar with the decisions as to the meaning of similar cancellation clauses in leases. The language chosen to express intent in this particular must be deemed to have been used in the light of that knowledge. There is no claim to the contrary. Apt language to avoid the…

2Cases cited3 opinions

  1. Gostin v. NeedleCourt of Appeals of Maryland · 1946
  2. Scheele v. WaldmanAppellate Division of the Supreme Court of the State of New York · 1910
  3. Fallek v. Central Desk Safe Co.Missouri Court of Appeals · 1945

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