Degnario v. Sire
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the Municipal Court of the city of Mew York, seventh district, borough of Manhattan, in favor of the defendant.
1Opinion of the CourtAndrews, P. J.
This is an appeal by the plaintiff from a judgment rendered in the Municipal Court, in favor of the defendant.
The action is brought to recover the sum of $500 that is alleged to have been deposited by the plaintiff with the defendant as security for the performance of the covenants of a certain lease.
At the close of the plaintiff’s evidence, defendant’s counsel moved to dismiss the complaint upon various grounds. Subsequently, the justice rendered a judgment in favor of the defendant. This was certainly error, for, as the defendant put in no evidence, the most that the court could do was to…
2Cited by9 opinions
- In re AtlasAppellate Division of the Supreme Court of the State of New York · 1926
- City Investment Co. v. PringleCalifornia Court of Appeal · 1925
- Fields Holding Co. v. Chanbrook Realty Co.Appellate Division of the Supreme Court of the State of New York · 1936
- People v. HorowitzNew York City Magistrates' Court · 1931
- Euclid Holding Co. v. Kermacoe Realty Co.New York City Court · 1928
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