Marrotto v. McCotter
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Sixth District. Action by Giachi Marrotto against William, S. McCotter. Judgment for defendant, and plaintiff appeals. Action by the lessee upon a lease in writing to recover a sum alleged to have been agreed to be paid upon a surrender of the demised premises.
1Opinion of the CourtBischoff, J.
The action was upon a lease in writing, brought by the lessee against the lessor, to recover the sum of $500, of which $200 were for an alleged deposit as security for the rent for the last two months of the term, and $300, which the defendant had agreed to pay in the event of a sale of the demised premises during the term, provided the plaintiff would vacate and surrender the premises upon a previous notice in writing of 30 days from the defendant, requiring him- so to do. In neither respect, however, was any right of recovery shown. The lease, as stated, was in writing. It appeared…
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