Avelino v. Fasano
Appellate Terms of the Supreme Court of New York
1DissentHofstadter, J.
From the disposition made by the Trial Justice, it must be assumed that he gave effect to the testimony of Mrs. Fasano that when the plaintiff was informed of the efforts to find a new apartment he told her not to worry. The statement may well be regarded as his assurance that he would not hold the defendant to a strict time schedule and make reasonable allowance for delay in vacating. This conversation took place in May, before the increase from $65 to $150 was to go into effect. The plaintiff’s assurance given in these circumstances fits in with the established rule that, in the absence of…
2Cases cited4 opinions
- Smathers v. Standard Oil Co.Appellate Division of the Supreme Court of the State of New York · 1922
- Smathers v. . Standard Oil Company of New YorkNew York Court of Appeals · 1922
- Arcade Realty Co. v. TunneyAppellate Terms of the Supreme Court of New York · 1906
- DeSimone v. CanzonieriAppellate Division of the Supreme Court of the State of New York · 1935