Myers v. Rosenback

The defendant’s answer alleged that he was induced to sign the lease in question by fraudulent representations made by plaintiff. This issue was, in our judgment, clearly established in defendant’s favor by a preponderance of evidence. The fact that defendant remained in possession of the demised premises until June, sixth, under the circumstances, did not make him liable for the June rent, for the reason given by the General Term of this court. See 5 Misc. Rep. 337; 25 N. Y. Supp. 528; Wallace v. Lent, 1 Daly, 481.

The plaintiff suffered no injury because of the denial of his motion to…