Nemetty v. . Naylor
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, entered upon an order made June 15, 1882, which affirmed a judgment in favor of defendants, entered upon a verdict. This action was brought to recover damages for an alleged breach of a contract to alter over certain premises and fit them for a school, and to execute to plaintiff a lease thereof for a term of years.
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Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, entered upon an order made June 15, 1882, which affirmed a judgment in favor of defendants, entered upon a verdict. This action was brought to recover damages for an alleged breach of a contract to alter over certain premises and fit them for a school, and to execute to plaintiff a lease thereof for a term of years. The plaintiff in May, 1876, went into possession of a dwelling-house in the city of New York, belonging to the defendants, under a written lease from the firm of J.…
1Opinion of the CourtMiller, J.
The question to be determined in this case is whether the record introduced on the trial by the defendant was a bar to this action ahdt the complaint properly dismissed on that ground.
We think that the adjudication in the summary proceedings was final and conclusive and is a bar to the plaintiff’s right to recover in this action. The judgment beyond any question settled the facts as to the tenancy existing between the plaintiff and the defendants; the non-payment of rent due and unpaid and the holding over after default in payment by the plaintiff, and, unless there was some invalidity in the…
2Cases cited1 opinion
- Jarvis v. . DriggsNew York Court of Appeals · 1877
3Cited by23 opinions
- Last Chance Mining Co. v. Tyler Mining Co.Supreme Court of the United States · 1895
- Reich v. . CochranNew York Court of Appeals · 1896
- Jones v. GianferanteNew York Court of Appeals · 1953
- David v. NemerofskyDistrict of Columbia Court of Appeals · 1945
- Grafton v. BrighamNew York Supreme Court · 1893
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