Legal Opinion

Rothman v. Kosower

Appellate Terms of the Supreme Court of New York

Decided November 29, 1907PublishedCited by 9 opinions

Appeal from City Court of New York, Trial Teriri. Action by Jacob Rothman against Abraham Kosower. From a judgment for plaintiff, defendant appeals. Reversed, and new trial ordered.

1Opinion of the CourtLeventritt, J.

In an action brought to recover damages for the failure of the defendant (lessor) to put the plaintiff (lessee) in possession of certain premises, the latter testified that he was in the pickle business and that he had intended to use the demised premises for that business. In order to prove rental value, the plaintiff introduced the testimony of an expert, upon whose evidence the court based its finding that the plaintiff was entitled to recover $1,180 as the difference between the rent agreed upon and the actual rental value. Upon his direct examination this witness was asked: “What is the…

2Cited by9 opinions

  1. Cohen v. Fair Lawn Dairies, Inc.New Jersey Superior Court Appellate Division · 1965
  2. Flicker v. ChenitzNew Jersey Superior Court Appellate Division · 1959
  3. MAJESTIC REALTY ASSOC., INC. v. Toti Contracting Co.New Jersey Superior Court Appellate Division · 1959
  4. Fidelity Union Trust Co. v. PriceNew Jersey Superior Court Appellate Division · 1952
  5. Bucca v. StateNew Jersey Superior Court Appellate Division · 1957

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