Legal Opinion

Fitzgerald v. St. George

Appellate Terms of the Supreme Court of New York

Decided June 15, 1908Published

Appeal by the plaintiff from a judgment of the Municipal Court of the city of Mew York, first district, borough of Manhattan, in favor of the defendant, rendered after a trial before the court without a jury. •

1Opinion of the Court

Giegerich, J,

The evidence as to holding -over is much more detailed and satisfactory than on the former trial and shows many additional facts. Before, the testimony offered on behalf of the plaintiff consisted of only two or three pages; and the only things shown to have been left on the premises at the expiration of the leasehold term (viz., on October 1, 1906) were certain bales of paper in the basement; and the testimony on behalf of the defendant was given, and left uncontradicted, that efforts were made to move them out, but admission to the elevator could not be secured in time. On the…

2Cases cited1 opinion

  1. Oussani v. ThompsonAppellate Terms of the Supreme Court of New York · 1897

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