Frank v. Sidney B. Bowman Automobile Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Sidney B. Bowman Automobile Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 24th day of February, 1920, upon the verdict of a jury rendered by direction of the court, and dismissing defendant’s counterclaim upon the merits, and also from an order entered in said clerk’s office on the 10th day of May, 1920, denying defendant’s motion for a new trial made upon…
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Appeal by the defendant, Sidney B. Bowman Automobile Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 24th day of February, 1920, upon the verdict of a jury rendered by direction of the court, and dismissing defendant’s counterclaim upon the merits, and also from an order entered in said clerk’s office on the 10th day of May, 1920, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Smith, J.:
The plaintiff, the landlord, sues the defendant, the lessee, for rent. The only answer is a counterclaim for the moneys paid by the defendant in making certain alterations to the building required to be made by the fire department of the city of New York.
*378The defendant held under a fifteen-year lease at about $15,000 a year. The building was built primarily by the landlord for the tenant for the purposes of a garage. It was provided in the lease, however, that if the automobile business became depressed so that the building could not be used for a garage, it might be used for stores…
2Cases cited6 opinions
- Herald Square Realty Co. v. . Saks Co.New York Court of Appeals · 1915
- Gould v. . SpringerNew York Court of Appeals · 1912
- Cohen v. MargoliesAppellate Division of the Supreme Court of the State of New York · 1920
- Gregory v. Manhattan Briar Pipe Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Bubeck v. Farmers' Loan & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1917
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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- Collegetown of Ithaca, Inc. v. FriedmanAppellate Division of the Supreme Court of the State of New York · 1985
- Ben's Lumber Yard, Inc. v. Evador Holding Corp.New York Supreme Court · 1963
- Arnold Ray Seligmann & Co. v. GrotskyCity of New York Municipal Court · 1922