Legal Opinion
Clark v. Newton
Appellate Terms of the Supreme Court of New York
Decided June 11, 1931PublishedCited by 8 opinions
1Opinion of the CourtFrankenthaler, J.
In this summary proceeding for non-payment of rent the tenant set up as a defense and counterclaim breach of the landlord’s agreement to convey the demised premises to the tenant, pursuant to an alleged option given the tenant, to his damage in the sum of $30,000.
The landlord moved for a bill of particulars of the counterclaim, and the justice below, for the reason that “ the question involved herein is so unsettled at this time that a ruling from the appellate courts is desirable,” denied the application, with leave to appeal.
Respondent contends that as the provisions of the Civil Practice…
2Cases cited3 opinions
- Matter of Byrne v. PaddenNew York Court of Appeals · 1928
- Liberty Place Holding Corp. v. Adolph Schwob, Inc.Appellate Terms of the Supreme Court of New York · 1930
- Liberty Place Holding Corp. v. Adolph Schwob, Inc.Appellate Division of the Supreme Court of the State of New York · 1930
3Cited by8 opinions
- Hanover Estates, lnc. v. FinkelsteinCity of New York Municipal Court · 1949
- Rakov v. GingoldNew York Supreme Court · 1959
- Hillside Housing Corp. v. EisenbergerCity of New York Municipal Court · 1939
- Flobar Realty Corp. v. RodinCity of New York Municipal Court · 1961
- Devon Estates Ltd. v. City of New YorkAppellate Terms of the Supreme Court of New York · 1977
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