Sixth Avenue Twenty-third Street Corp. v. Dane
Appellate Terms of the Supreme Court of New York
Appeal from a final order of the Municipal Court of the city of New York, borough of Manhattan, ninth district, in summary proceedings in favor of the landlord, granted after a trial by the court and a jury.
1Opinion of the CourtPage, J.
The trial judge erred in holding that the service of the precept was a sufficient demand for the rent. This error, however, was not prejudicial as a suf*399ficient personal demand was proved. The exclusion of the evidence, of the alleged false and fraudulent representation in reliance upon which the tenant claimed to have entered into the lease, requires a reversal of the order. While the allegations of the answer are •somewhat inartificial, the facts being alleged as a defense and by way of counterclaim, and it not clearly appearing whether the statements alleged to have been made related to…
2Cases cited2 opinions
- Pryor v. . FosterNew York Court of Appeals · 1891
- Driggs v. HendricksonAppellate Terms of the Supreme Court of New York · 1915
3Cited by1 opinion
- Bennett v. Orange State Oil CompanySupreme Court of Florida · 1946