Scacchetti v. Lonobile

Judgment unanimously modified and, as modified, affirmed, without costs, and matter remitted to Supreme Court, Monroe County, for further proceedings, in accordance with the following memorandum: The Trial Term properly determined that plaintiff was entitled to one half of the fair and reasonable rentals, but such determination should be modified to begin on July 22, 1974, the date of the effective ouster (see Miraldi v Miraldi, 51 AD2d 538; Daigle v Daigle, 73 AD2d 771). The trial court erroneously awarded defendant one half of the mortgage, tax and insurance payments after the ouster on…