Michaels v. . Fishel
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, made May 29, 1900, reversing a judgment in favor of defendants entered upon a verdict directed by the court and granting a new trial. The nature of the action, and the facts, so far as material, are stated in the opinion. The plaintiff’s claim is subject to the equities between her assignor and the defendants. (Pardee v. Steward, 37 Hun, 259; Guinzburg v. Claude, 28 Mo.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, made May 29, 1900, reversing a judgment in favor of defendants entered upon a verdict directed by the court and granting a new trial. The nature of the action, and the facts, so far as material, are stated in the opinion. The plaintiff’s claim is subject to the equities between her assignor and the defendants. (Pardee v. Steward, 37 Hun, 259; Guinzburg v. Claude, 28 Mo. App. 258; Tate v. Neary, 52 App. Div. 78; Moore v. Chase, 26 Misc. Rep. 9; Moore v. Higgins, 5 N. Y. Supp. 895; W. V. C. &…
1Opinion of the CourtVann, J.
This is a controversy between landlord and tenant, the plaintiff representing the lessee and the defendants the lessors. By a written instrument, made in January, 1892, the lessors demised to the lessee certain premises situated upon-Broadway, in the city of Yew York, for a term of seven years, less one day, from May 1st, 1892, at the annual rent' of $8,500, payable in equal monthly payments in advance on the first day of each month. The lease provided that upon any default in the payment of rent, continuing for ten days, or in any of the covenants entered into by the lessee, it should be…
2Cases cited12 opinions
- Chaude v. . ShepardNew York Court of Appeals · 1890
- Johnson v. . OppenheimNew York Court of Appeals · 1873
- Hall v. . GouldNew York Court of Appeals · 1855
- Scott v. . MontellsNew York Court of Appeals · 1888
- Longobardi v. YulianoAppellate Terms of the Supreme Court of New York · 1900
7 more not listed; retrieve them via the Exa API.
3Cited by84 opinions
- Mann v. . Munch BreweryNew York Court of Appeals · 1919
- McCready v. . LindenbornNew York Court of Appeals · 1902
- Galbraith v. WoodSupreme Court of Minnesota · 1914
- Burnee Corp. v. Uneeda Pure Orange Drink Co.Appellate Terms of the Supreme Court of New York · 1928
- Anzolone v. PaskuszAppellate Division of the Supreme Court of the State of New York · 1904
79 more not listed; retrieve them via the Exa API.