Levitt v. Zindler
Appellate Division of the Supreme Court of the State of New York
Appeal- by the plaintiffs, Charles IT. Levitt and another, copartners, etc., from a judgment of the Municipal Court of' the city of New York, borough of Brooklyn, in favor of the defendant, rendered on the 10th day of November, 1909, dismissing the complaint.
1Opinion of the Court
Jenks, J. :
This is an appeal by the plaintiffs from a judgment of nonsuit in their .action to recover rent for the months of October and November under a lease. The defendant pleaded a surrender, and the court upheld the plea upon the testimony of one of the plaintiffs. *696The testimony is meagre and the lease is not before us, but we glean from the record that the premises consisted of a part of plaintiff’s shop. The plaiikiff’s testimony is that the defendant moved out of the premises on September 2Yth or 28th, and that during the succeeding months of October and November the plaintiff put up…
2Cases cited10 opinions
- Haynes v. . AldrichNew York Court of Appeals · 1892
- Gray v. Kaufman Dairy & Ice Cream Co.New York Court of Appeals · 1900
- Underhill v. . CollinsNew York Court of Appeals · 1892
- Beall v. WhiteSupreme Court of the United States · 1877
- Scott v. BeecherMichigan Supreme Court · 1892
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Centurian Development Ltd. v. Kenford Co.Appellate Division of the Supreme Court of the State of New York · 1977
- Stahl Associates Co. v. MapesAppellate Division of the Supreme Court of the State of New York · 1985
- Powell v. JonesIndiana Court of Appeals · 1912
- Gotlieb v. Taco Bell Corp.District Court, E.D. New York · 1994
- Chestnut Realty Corp. v. KaminskiAppellate Division of the Supreme Court of the State of New York · 2012
16 more not listed; retrieve them via the Exa API.