One Hundred & Forty-two West Fifty-seventh Street Co. v. Trowbridge
New York Supreme Court
Appeal by the plaintiff from a judgment of the Municipal Court of the city of New York, borough of Manhattan, first district, entered on April 23,1914, in favor of defendant, on her counterclaim for $300, and $27.41 costs.
1Opinion of the CourtWhitaker, J.
Plaintiff has sued defendant for rent of an apartment for the month of March, 1914.
*71Defendant took possession of the premises on October 1, 1912, under a written lease for two years, expiring October 1, 1914. Defendant deposited with the landlord $300 in cash to secure the rent for the last three months of her term.
Defendant claims constructive eviction on account of failure of landlord to provide sufficient heat. Defendant moved out of the premises on March 6,1914.
Defendant sets up three counterclaims: first, $82.50 for rental value for balance of March rent accruing after she moved out;…
2Cases cited3 opinions
- Marks v. DellaglioAppellate Division of the Supreme Court of the State of New York · 1900
- Graecen v. BarkerAppellate Terms of the Supreme Court of New York · 1911
- Martin v. Crest Brand Bandeau Co.New York Supreme Court · 1913
3Cited by2 opinions
- Johansen v. Arizona Hotel, Inc.Arizona Supreme Court · 1930
- Gillingham v. GoldstoneCity of New York Municipal Court · 1959