Legal Opinion
Reischmann v. L. N. Hartog Candy Co.
Appellate Terms of the Supreme Court of New York
Decided December 22, 1911PublishedCited by 1 opinion
Appeal from Municipal Court, Borough of Manhattan, Fourth District. Summary proceedings by George M. Reischmann, landlord, against the L. N. Hartog Candy Company, tenant, and others. From an order for the landlord for the amount of the rent claimed to be due and allowing as an offset under the tenant’s counterclaim $500, the tenant appeals. Reversed, and new trial ordered.
1Opinion of the CourtLehman, J.
The landlord has obtained a final .order in summary proceedings based upon a petition for nonpayment of rent. The answer denies all the allegations of the petition and then contains a separate defense and counterclaim. The separate defense sets forth that the lease provided that:
“It is further agreed by and between the parties to these presents that in case the building or buildings erected on the premises hereby leased shall be partially damaged by fire it shall be repaired as speedily as possible and at the expense of the party of the first part (the landlord herein); that in case the…
2Cases cited1 opinion
- Kip v. . MerwinNew York Court of Appeals · 1873
3Cited by1 opinion
- Dazian v. IttelsonAppellate Terms of the Supreme Court of New York · 1912