Gilmore v. Dwyer

Aponick, J.,

— This is an action in replevin brought to recover possession of certain goods which had been distrained on a landlord’s warrant. Defendant admits that the title to the goods is in plaintiff, but sets up a counterclaim alleging a lien on the goods. To this counterclaim plaintiff filed a reply raising questions of law.

Defendant alleges that on June 6, 1944, defendant let to plaintiff certain premises under a lease, the important part of which is as follows:

“I, Alex Dwyer, agree to lease, for a period of three years the property and machinery located at 606-608 Alter Street,…