Bigboro Realty Corp. v. Cole

The action is for rent and the defense an eviction by the landlord and counter-claim based thereon. The plaintiff, the owner of an apartment house at 71 West Twelfth street, New York City, leased an apartment to the respondent on August 3d, 1931, to terminate September 30th, 1932. The tenant, an army officer, took possession, and having been assigned to other duties moved out on May 31st, 1932, retaining the keys and potential possession thereafter, paying the rent up to and including July 1st, in advance. Suit was brought for the two months’ rent of August and September, 1932. The judge gave…