Wall v. Hess
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Sylvina E. Wall, from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk, of the county of New York on or about the 19th day of August, 1919, granting defendant’s motion to set aside the verdict and for a new trial.
1Opinion of the Court
Merrell, J.:
This action is brought to recover unpaid rent, taxes and water rates under an express covenant contained in a lease. The trial court directed a verdict in favor of the plaintiff for the sum of $2,608.06, but on motion to set aside the verdict the court reduced the recovery by $1,472.53, the amount of the taxes for the year 1917, and interest thereon. Upon the failure of plaintiff to stipulate to so reduce the verdict, the verdict was set aside and a new trial ordered. The question to be determined is the liability of the defendant to pay such taxes, the material facts being…
2Cases cited2 opinions
- Ward v. . Union Trust Co.New York Court of Appeals · 1918
- Ogden v. GettyAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by3 opinions
- Apex Leasing Co. v. White Enamel Refrigerator Co.Appellate Division of the Supreme Court of the State of New York · 1922
- Walker v. SteinAppellate Division of the Supreme Court of the State of New York · 1927
- Poor's Publishing Co. v. Banca Marmorosch Blank & Co.Appellate Division of the Supreme Court of the State of New York · 1922