Dusenbury v. Habisreitinger
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the Municipal 'Court of the city of New York, borough of Manhattan, fourth district, rendered in favor of the plaintiff.
1Opinion of the CourtLehman, J.
The plaintiff has recovered judgment for rent due on the first days of November, December and January. The defendant did not deny his liability for rent for the months of December and January, but showed that the plaintiff had brought an action for rent for .the months of August, September and October on the fifteenth day of November ; and he claims that the judgment in that action bars any recovery for the November rent payable on the first day of November. “An action for rent on a lease may be brought for each instalment of rent as it falls due; but it must embrace all the instalments due…
2Cases cited2 opinions
- Seed v. JohnstonAppellate Division of the Supreme Court of the State of New York · 1901
- Drexler v. CohenAppellate Terms of the Supreme Court of New York · 1908
3Cited by6 opinions
- Loveladies Property Owners Ass'n, Inc. v. BARNEGAT CITY, ETC., CO.New Jersey Superior Court Appellate Division · 1960
- Trustees of Masonic Hall & Asylum Fund v. FontanaAppellate Terms of the Supreme Court of New York · 1917
- In Re WolfNew Jersey Superior Court Appellate Division · 1967
- Maloney v. McMillan Book Co.Syracuse City Court · 1967
- Swiss Hamlet Homeowners Associates, Inc. v. SouzaAppellate Terms of the Supreme Court of New York · 2006
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