Kommer v. Daly
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Martha Kommer, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county,of Mew York on the 6th day of April, 1904, upon the verdict of a jury rendered by direction of the court after a trial at the New York Trial Term.
1Opinion of the Court
Patterson, J.:
The plaintiff was seized as tenant for a term of years of premises in the borough of Manhattan in the city of New York, known as Nos. 388, 390 and 392 Eleventh avenue. She alleges that the defendant was in possession and withheld from her the rear portion of the lot known as No. 392 Eleventh avenue and that he had erected thereon certain wooden sheds. The plaintiff brought this action to recover possession of the premises and for damages for withholding the same. The defendant set up in his answer an affirmative defense,- as follows: That on or about the 1st of May, 1896, he was…
2Cases cited2 opinions
- Wiseman v. . LucksingerNew York Court of Appeals · 1881
- Spink v. CorningAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by3 opinions
- Schusterman v. C & F Caterers, Inc.City of New York Municipal Court · 1948
- Melodies, Inc. v. MirabileAlbany City Court · 1957
- 5411 Realty Corp. v. MorseNew York Supreme Court · 1951