Legal Opinion

Brill v. Friedhoff

Appellate Division of the Supreme Court of the State of New York

Decided November 8, 1918PublishedCited by 5 opinions

Appeal by the plaintiffs, Maurice Brill and another, frum a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 12th day of March, 1918, upon the decision of the court, a jury having been waived.

1Opinion of the Court

Shearn, J.:

The facts are indisputed and the question is whether the plaintiffs released defendants from liability on a written guaranty of a lease executed by their testator.

On October 30, 1907, plaintiffs leased to Henry C. Meyer premises 51 Cortlandt street for twelve years at $9,000 a year until 1909, and thereafter at $11,500. The lease provided that the lessee should pay as additional rent all taxes and assessments. On the execution of the lease Friedhoff, defendants’ testator, signed the guaranty of the lease. In 1910 Friedhoff died and the defendants Maria R. Friedhoff and Anna M.…

2Cases cited3 opinions

  1. Gray v. Kaufman Dairy & Ice Cream Co.New York Court of Appeals · 1900
  2. Coe v. . HobbyNew York Court of Appeals · 1878
  3. Piser v. HechtAppellate Division of the Supreme Court of the State of New York · 1915

3Cited by5 opinions

  1. Inip Co. v. Bailey, Green & Elger, Inc.Nassau County District Court · 1974
  2. Poole v. PellatiAppellate Division of the Supreme Court of the State of New York · 1998
  3. Guide Realty Co. v. LucasCity of New York Municipal Court · 1934
  4. Beiswenger v. CerasoliAppellate Terms of the Supreme Court of New York · 1958
  5. Katz v. LeblangAppellate Division of the Supreme Court of the State of New York · 1935

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