Baff v. Weiden
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough" of Manhattan, Fourth District. Action by Fannie Baff, as administratrix of Bernard Baff, deceased, against Herman J. Weiden. From a judgment for defendant on his counterclaim to plaintiff’s action, plaintiff appeals. Reversed, and judgment ordered for plaintiff.
1Opinion of the CourtHendrick, J.
The plaintiff desired to rent defendant’s cottage for the summer season and agreed to pay the sum of $450 therefor. He made a deposit of $50 and agreed to sign a formal lease. After the lease was presented, plaintiff refused to sign it, claiming defendant did not make certain repairs agreed to. He sues to recover his deposit. Defendant resists the suit, claiming plaintiff failed to live up to his contract, to defendant’s damage.
The trial justice’s finding in favor of the defendant on the facts is supported by the evidence and should not be disturbed. He, however, erred in granting judgment to…
2Cases cited2 opinions
- Weinberg v. GreenbergerAppellate Terms of the Supreme Court of New York · 1905
- Broadway Renting Co. v. WolpinAppellate Terms of the Supreme Court of New York · 1908