Kraus v. Smolen
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment, entered in favor of the defendant in the Municipal Court of the city of Hew York, second district, borough of The Bronx, after a trial by the justice without a jury.
1Opinion of the CourtGiegerich, J.
The action was brought to recover for the use and occupation of a basement. The answer denied the occupation of the cellar in question as the plaintiff’s tenant, and as an affirmative defense set up the existence of a written' lease made by the plaintiff’s predecessor in title for the basement in question, together with the store above, alleging that through inadvertence the word “ cellar ” had been omitted from the lease, and that there had been an intention on the part of both parties to the contract to include the cellar with the store.
At the opening of the case the plaintiff’s attorney…
2Cases cited4 opinions
- Worthington v. London Guarantee & Accident Co.New York Court of Appeals · 1900
- Salter v. ParkhurstNew York Court of Common Pleas · 1867
- Ferree v. EllsworthNew York Court of Common Pleas · 1892
- Williams v. CarrollNew York Court of Common Pleas · 1859
3Cited by3 opinions
- Ward v. Union Trust Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Vieser v. BellowsAppellate Division of the Supreme Court of the State of New York · 1924
- Vieser v. BellowsAppellate Division of the Supreme Court of the State of New York · 1924