Shenk v. Brewster
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Joseph Brewster and another, as administrators, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 11th day of June, 1919, affirming an order of the City Court of the City of New York, entered in the office of the clerk of the said court on the 13th day of May, 1919, granting plaintiff’s motion for judgment on the pleadings.
1Opinion of the Court
Laughlin, J.:
The material facts are stated in the opinion of Mr. Justice Mebrell, but I am unable to agree with his conclusion that the plaintiff’s motion for judgment on the pleadings was properly granted.
If the order stands, it necessarily follows that the plaintiff will be entitled to enter judgment thereon for the relief demanded in the complaint which is not only for the interest but for a repayment of the money deposited with the defendants’ intestate.as security for the payment of the rent and for reimbursement for any expenses or damage incurred or suffered by the landlord through the…
2Cited by6 opinions
- Walker v. 18th Street Holding Corp.Appellate Division of the Supreme Court of the State of New York · 1943
- Donnelly v. RosoffCity of New York Municipal Court · 1937
- In the Matter of Edward S. Smith, Bankrupt. Rothkopt Associates, Inc., Morris Ploscowe, Trustee in BankruptcyCourt of Appeals for the Second Circuit · 1959
- Cohen v. SYLVAN LAWRENCE COMPANYDistrict of Columbia Court of Appeals · 1961
- Edroan Realty Corp. v. BarnettCity of New York Municipal Court · 1950
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