Magner v. Barrett
Appellate Division of the Supreme Court of the State of New York
Appeal- by, the defendant, William M. Barrett, as president of the Adams Express Company, from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, in favor of the plaintiff, rendered on the 13tli day of December., 1909.
1Opinion of the Court
Woodward, J.:
The plaintiff has judgment against the defendant in an action to . recover rent for the months of October, November and December, 1909, for the ground floor of premises at 118 Lee avenue, Brooklyn, on the.ground that the defendant had held over and remained in possession of said premises after the expiration of its written lease. The defendant appeals.
The defendant urges that it. did not hold over and that it is not liable to the plaintiff for rent, but we are of the opinion that the evidence presented made the question a mixed one of law and fact, and that it cannot be said as a…
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