van Reimpst v. Weiher
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Theodore S. van Keimpst, from an order of the Supreme Court, made at the Dew York Special Term and entered in the office of the clerk of the county of Dew York on the 30th day of October, 1908, denying the plaintiff’s motion for a temporary injunction.
1Opinion of the Court
Houghton, J.:
The action is brought to rescind and cancel a lease which the plaintiff claims he was induced to enter into through the fraud of the defendant. On discovery of the fraud the plaintiff vacated the premises and the defendant brought action in the Municipal Court for installments of rent. The plaintiff moved at Special Term to enjoin the prosecution of such action for rent until the determination of this action for cancellation of the lease, and tendered an undertaking to pay any judgment ultimately recovered in the Municipal Court. Such injunction was refused and we think…
2Cited by2 opinions
- Loughman v. LilliendahlAppellate Division of the Supreme Court of the State of New York · 1921
- Werth v. GordonAppellate Division of the Supreme Court of the State of New York · 1945