Read v. Levy
Appellate Terms of the Supreme Court of New York
Appeal by defendants from an order of the Municipal Court of the city of New York, borough of Manhattan, ninth district, granting plaintiffs’ motion to set aside a verdict rendered in favor of defendants.
1Opinion of the CourtPhilbin, J.
The action was brought for rent for the months of July, 1915, to February, 1916, on a written lease of the fourth loft of a building in Houston street, in the borough of Manhattan. The lease was for one year from the 1st of February, 1915.
The answer of the defendants admits that the rent sued for has not been paid. It sets forth, as a sepa*548rate defense, that the elevator in said premises was appurtenant to the latter and inseparably incident thereto for the purpose of access and egress; that without the use of the elevator, as was well known to the plaintiffs when they leased the premises, the…
2Cases cited3 opinions
- Seaboard Realty Co. v. FullerAppellate Terms of the Supreme Court of New York · 1900
- Hayden Co. v. KehoeAppellate Division of the Supreme Court of the State of New York · 1917
- Lawrence v. Mycenian Marble Co.New York Court of Common Pleas · 1892
3Cited by2 opinions
- Rockrose Associates v. PetersCivil Court of the City of New York · 1975
- Shapiro v. KaronAppellate Terms of the Supreme Court of New York · 1922