Legal Opinion
Knickerbocker Oil Corp. v. Richfield Oil Corp.
Appellate Division of the Supreme Court of the State of New York
Decided December 31, 1931PublishedCited by 2 opinions
1Opinion of the CourtDavis, J.
The complaint set up a cause of action for the rental of certain premises for the month of July, 1931. The answer, denying the claim for rent, set forth as a separate defense, in brief, that the defendant had been constructively evicted from the premises and had rescinded the lease and surrendered possession. The counterclaim was to recover the security given by it under the terms of the lease. The plaintiff served a reply, and on the pleadings and affidavits moved for summary judgment. The motion, though opposed, was granted, and this appeal has followed.
On December 2, 1929, the parties…
2Cases cited5 opinions
- Curry v. MacKenzieNew York Court of Appeals · 1925
- Metropolitan Life Ins. Co. v. . Childs Co.New York Court of Appeals · 1921
- Hollenbeck v. . DonnellNew York Court of Appeals · 1884
- Monro-King & Gremmels Realty Corp. v. 9 Avenue-31 Street Corp.Appellate Division of the Supreme Court of the State of New York · 1931
- McDonald v. CohenAppellate Terms of the Supreme Court of New York · 1909
3Cited by2 opinions
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- 165 West Forty-sixth Street Corp. v. Radio-Keith Orpheum Vaudeville Exchange, Inc.City of New York Municipal Court · 1935