Phipps v. Oprandy
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John Oprandy, from a judgment of the County Court of the county of Westchester in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 21st day of March, 1901* upon the decision -of the court rendered after, a trial before the court without a jury.
1Opinion of the Court
Goodrich, P. J.:
The plaintiff sued the defendant as surety upon a lease to one Canino of premises at Mount Vernon for a term of twenty-nine months, commencing December 1, 1898, at the yearly rental of $276, payable $23 monthly in advance. The complaint alleges that Canino failed to pay rent for September, October, November and December, 1899. It is alleged in the answer in substance that thé *498plaintiff agreed to give Canino the full enjoyment and occupancy of the premises with the use and enjoyment of “ water privileges, and the supply thereof upon said premises,” but that he “ violated the…
2Cases cited1 opinion
- Beaudrias v. HoganAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by2 opinions
- Nastasi v. StateNew York Court of Claims · 1949
- Heine v. Albin Gustafson Co.New York Supreme Court · 1983