Mckenzie v. Fox
New York Supreme Court
Appeal from special term, New York county. Action by Jane McKenzie, as executrix, etc., against Denis Fox and another, to recover damages for a breach of covenants in a lease. From an order denying a motion that the complaint be made more definite and certain, and for a bill of particulars, defendants appeal.
1Opinion of the CourtVan Brent, P. J.
The complaint, after attempting to state various causes of action because of the alleged breach of certain covenants contained in a lease made by the plaintiff to the defendants, contains this allegation: “Ninth. And for a fourth and separate cause of action the plaintiff alleges that by reason of the premises the plaintiff has sustained special loss and damage, in that she has been unable to let or demise the said premises from May 1, 1889, hitherto, and has lost the rental thereof for the current year from May 1, 1889, to her damage ten thousand ($10,000) dollars.” The defendants sought to…
2Cited by3 opinions
- Roldan v. PowerThe Superior Court of the City of New York and Buffalo · 1895
- Whitner v. PerhacsNew York Supreme Court · 1890
- Wright v. LarkinNew York Supreme Court · 1915