Roedmann v. Hertel
Appellate Terms of the Supreme Court of New York
Appeal by plaintiff from a judgment of the Municipal Court of the city of Hew York rendered in favor of defendant.
1Opinion of the CourtCrane, J.
This is a summary proceeding which was dismissed in the Municipal Court and the landlord appeals.
The defendant claims to have a lease for five years, or until 1915. A formal lease was prepared by the former owners and given to him unsigned. The next day he paid a deposit and received a receipt reciting a five years’ lease. The plaintiff purchased the property and received a deed reciting a five years’ lease to the defendant, but now claims there can be no such lease as it is not in writing signed by the party to be bound thereby. The plaintiff took title subject to all equities as the tenant…
2Cases cited1 opinion
- Rodgers v. EarleThe Superior Court of the City of New York and Buffalo · 1893
3Cited by7 opinions
- DeVita v. PianisaniAppellate Terms of the Supreme Court of New York · 1926
- Tuttle, Pendelton & Gelston, Inc. v. Dronart Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1982
- Orange County Development Corp. v. Perez, New York County Courts1971
- Carlyle Record Warehouses Corp. v. ScherloCivil Court of the City of New York · 1978
- Alpern v. K & K Leasing Corp.New York Supreme Court · 1961
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