Gaffney v. Paul
Appellate Terms of the Supreme Court of New York
Appeal from a judgment in favor of the plaintiff, rendered in the Municipal Court of the City of New York, ninth district, borough of Manhattan.
1Opinion of the CourtLevbhtritt, J.
The determination of this appeal turns upon the question whether the facts disclosed an acceptance of the surrender of the demised premises, or a reletting for the account of the tenant, with attendant liability for a resulting deficiency.
On the 4th day of February, 1898, the plaintiff, by written indenture, leased to the defendants, certain premises for the term of one year, commencing on the 1st day of May, 1898, at an annual rental of nine hundred dollars, payable monthly in advance. The rent for the month of May, 1898, was paid, but the defendants, prior to that date, and on the 30th day…
2Cases cited4 opinions
- Underhill v. . CollinsNew York Court of Appeals · 1892
- Morgan v. . SmithNew York Court of Appeals · 1877
- Gray v. Kaufman Dairy & Ice Cream Co.Appellate Division of the Supreme Court of the State of New York · 1896
- MacKellar v. SiglerNew York Court of Common Pleas · 1874
3Cited by6 opinions
- Stern v. MurphyAppellate Terms of the Supreme Court of New York · 1907
- Dodge v. PritchardAppellate Terms of the Supreme Court of New York · 1901
- Hodgkiss v. Dayton-Brower Co.Appellate Terms of the Supreme Court of New York · 1915
- Leo v. SantagadaNewburgh City Court · 1964
- Stone v. WeidyAppellate Division of the Supreme Court of the State of New York · 1931
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