Lambden v. Thompson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, George E. Thompson, from a judgment of the County Court of Westchester county, entered in the office of the clerk of said county on the 22d day of June, 1914, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 13th day of July, 1914, denying defendant’s motion for a new trial made upon the minutes, and also from an order entered in said clerk’s office on the 13th day of April, 1915, denying defendant’s motion for…
Read the full summary
Appeal by the defendant, George E. Thompson, from a judgment of the County Court of Westchester county, entered in the office of the clerk of said county on the 22d day of June, 1914, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 13th day of July, 1914, denying defendant’s motion for a new trial made upon the minutes, and also from an order entered in said clerk’s office on the 13th day of April, 1915, denying defendant’s motion for a resettlement of the case on appeal herein.
1Opinion of the Court
Jenks, P. J.:
This action is brought for rent of certain premises of which the plaintiff and Eugene Lambden were landlords. It was tried by the County Court and a jury. The defendant answered by way of counterclaim only. He appeals from the judgment entered on the verdict against him, but does not bring up the evidence. He relies upon the motion to dismiss the plaintiff at the close of plaintiff’s case and upon the motion made under section 999 of the Code of Civil Procedure. The allegations of rent due and that the defendant had *268promised to pay it but had not were sufficient. (Wallach v.…
2Cases cited4 opinions
- Corley v. . McElmeelNew York Court of Appeals · 1896
- Wallach v. DryfoosAppellate Division of the Supreme Court of the State of New York · 1910
- Executors of Van Rensselaer v. Executors of PlatnerNew York Supreme Court · 1800
- Wright v. WilliamsNew York Supreme Court · 1826
3Cited by1 opinion
- Alfred University v. FraceAppellate Division of the Supreme Court of the State of New York · 1920