# Fernschild v. Brown

> Appellate Division of the Supreme Court of the State of New York · December 9, 1938 · 255 A.D. 983

URL: https://www.frixlaw.com/law-library/cases/5357057

## Case

- **Full name:** Viola S. Fernschild v. Glennon A. Brown
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** December 9, 1938
- **Citations:** 255 A.D. 983; 8 N.Y.S.2d 278; 1938 N.Y. App. Div. LEXIS 6156
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5357057

## Opinion text

In an action to recover damages alleged to have been sustained because of breach of covenant of a written lease, judgment in favor of plaintiff reversed on the law, with costs, and judgment directed in favor of defendant, dismissing the complaint, with costs. The finding of the court that the lease was not surrendered is clearly against the weight of the evidence. This court finds that the new lease was made before the tenant vacated the premises. This constituted an acceptance of surrender by the landlord. Lazansky, P. J., Hagarty, Davis, Adel and Taylor, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5357057. Public record. Not legal advice.