Legal Opinion

Stone v. Auerbach

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

Decided June 18, 1909PublishedCited by 4 opinions

Appeal by the defendant, Meyer Auerbach, from a judgment of the Supreme Court in favor of the plaintiff, enteréd in the office of the cleric of the county of Mew York oh the 20tli day of March, 1909, pursuant to.an order made at the Mew York Special Term ,and entered in said clerk’s office on the 12th day of March,, 1909, upon the plaintiff’s motion for judgment on the pleadings on the ground that the- amended answer was-frivolous, with notice of an intention to bring up for…

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Appeal by the defendant, Meyer Auerbach, from a judgment of the Supreme Court in favor of the plaintiff, enteréd in the office of the cleric of the county of Mew York oh the 20tli day of March, 1909, pursuant to.an order made at the Mew York Special Term ,and entered in said clerk’s office on the 12th day of March,, 1909, upon the plaintiff’s motion for judgment on the pleadings on the ground that the- amended answer was-frivolous, with notice of an intention to bring up for review upon such appeal the said order upon which the judgment was entered.

1Opinion of the Court

Laughlin, J.:

The action is brought to recover the sum of $2,450.23 with interest thereon at the rate of seven per cent per annum from the 7th day of -October, 1907, being the amount of a tax levied against premises in the borough of Manhattan, in the city of Mew York, owned by the plaintiff, which she leased to one Fraser pursuant to an indenture of lease made the 31st day of August, 1892,. which was modified by an agreement in writing on the 8th day of April, 1904, and was to commence on the 1st day of September, 1892, and to terminate .on the 1st day of May, 1908. As thus modified, the.…

2Cases cited7 opinions

  1. Stewart v. . Long Island R.R. Co.New York Court of Appeals · 1886
  2. Walton v. Cronly's AdministratorNew York Supreme Court · 1835
  3. Post v. . KearneyNew York Court of Appeals · 1849
  4. Lehmaier v. JonesAppellate Division of the Supreme Court of the State of New York · 1905
  5. City of New York v. . MatthewsNew York Court of Appeals · 1904

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Mann v. . Munch BreweryNew York Court of Appeals · 1919
  2. Seventy-eighth Street & Broadway Co. v. Purssell Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1915
  3. Seventy-Eighth Street & Broadway Co. v. Purssell Manufacturing Co.Appellate Terms of the Supreme Court of New York · 1915
  4. In re Quaker Drug Co.District Court, W.D. Washington · 1913

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