Schrenkeisen v. Kroll
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Tenth District. Action by Martin Schrenkeisen against Samuel Kroll and another. From a judgment of the Municipal Court of the City of New York in favor of plaintiff, defendants appeal.
1Opinion of the CourtFreedman, P. J.
This is an appeal from an order made in an action in the Municipal Court denying defendants’ motion to open their default. The pleadings in the action are verified, and are made a part of the record on this appeal. The action was brought to recover for two months’ rent. The answer admits that the defendants have not paid the rent for the two months sued for, but allege as a defense that the premises were surrendered by them and accepted by the landlord. Formerly an appeal from such an order was not permissible (Beebe v. Nassau Show Case Co., 41 App. Div. 456, 58 N. Y. Supp. 769), but by…
2Cases cited2 opinions
- McCotter v. FlinnAppellate Terms of the Supreme Court of New York · 1899
- Beebe v. Nassau Show Case Co.Appellate Division of the Supreme Court of the State of New York · 1899
3Cited by3 opinions
- Catalano v. North British & Mercantile Insurance Co. of London & EdinburghAppellate Terms of the Supreme Court of New York · 1906
- Lesser v. KahnAppellate Terms of the Supreme Court of New York · 1906
- Steindler v. American Bonding Co.Appellate Terms of the Supreme Court of New York · 1906