Terry v. Moore
New York Court of Common Pleas
Appeal from special term. Action by Adeline' H. Terry against William T. Moore to have a renewal lease taken by plaintiff as lessee set aside, etc. There was an interlocutory judgment overruling a demurrer to the complaint, from which, and an order directing the entry of such judgment, defendant appeals.
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Appeal from special term. Action by Adeline' H. Terry against William T. Moore to have a renewal lease taken by plaintiff as lessee set aside, etc. There was an interlocutory judgment overruling a demurrer to the complaint, from which, and an order directing the entry of such judgment, defendant appeals. The complaint shows that the plaintiff was entitled in the year 1887 to a renewal for 21 years of the lease of the lot No. 255 West Twenty-Third street, in the city of New York. The estate was originally created by a lease from Clement C. Moore, (to whose right the defendant succeeds,) made…
1Opinion of the CourtDaly, C. J.
The defendant’s demurrer raises the issue whether the complaint sets forth facts which would entitle the plaintiff to the relief demanded. The charge in fact is that the plaintiff labored under a mistake as to her legal rights under her lease, and, being misled and induced by the representations of the defendant and his agent to waive those rights, executed a lease by which she was compelled for 21 years to pay a rental nearly double that which would have been fixed by appraisement under the terms of the lease. By the terms of that instrument the rent for the renewal was to be 4 per cent,…
2Cited by3 opinions
- Ruth v. S. Z. B. Corp.New York Supreme Court · 1956
- United Equities, Inc. v. Mardordic Realty Co.New York Supreme Court · 1959
- Terry v. MooreNew York Court of Common Pleas · 1895