Goldberg v. Engelhard

This is a motion for a new trial stipulated to have been made by plaintiff at the term upon the minutes, after dismissal at the end of plaintiff's case.

Plaintiff was a tenant in a two-family house owned by defendant. The house consisted of a store on the ground floor and two apartments side by side at the top of a single stairway rising from the ground floor. For the purposes of this motion, the evidence shows that the landlord defendant was constantly in possession and occupation of one of the apartments and that the plaintiff occupied the other under a verbal lease. Plaintiff testified that…