Phelan v. Kennedy
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, David E. Kennedy, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 23d day of May, 1918, granting plaintiff’s motion for judgment on the pleadings, consisting of a complaint and the demurrer thereto, and adjudging that she is entitled to recover $700 and costs, and to a final judgment therefor unless defendant withdraws his demurrer and pleads over.
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Appeal by the defendant, David E. Kennedy, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 23d day of May, 1918, granting plaintiff’s motion for judgment on the pleadings, consisting of a complaint and the demurrer thereto, and adjudging that she is entitled to recover $700 and costs, and to a final judgment therefor unless defendant withdraws his demurrer and pleads over. An appeal is also taken from the order entered in said clerk’s office on the 21st day of May, 1918, granting plaintiff’s…
1Opinion of the Court
Laughlin, J.:
The plaintiff alleges that she leased the premises known as No. 41 West Seventy-first street from the estate of John Thompson for the term of three years, ending on the 30th day of September, 1917, at an annual rental of $2,100, payable in equal monthly installments, in advance; that during her. tenancy and on the 30th of October, 1916, she sublet the premises to the defendant for the period of eleven months, ending on said 30th day of September, 1917, at a gross rental of $900, payable in equal monthly installments, in advance; that when defendant took the sublease of the…
2Cases cited11 opinions
- Kennedy v. . City of New YorkNew York Court of Appeals · 1909
- United Merchants' Realty & Improvement Co. v. RothNew York Court of Appeals · 1908
- Collins v. . HasbrouckNew York Court of Appeals · 1874
- Eells v. . MorseNew York Court of Appeals · 1913
- Hinton v. BogartAppellate Division of the Supreme Court of the State of New York · 1915
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Commercial Union Insurance Co. v. PostinWyoming Supreme Court · 1980
- Davidson v. Minnesota Loan & Trust Co.Supreme Court of Minnesota · 1924
- Carroll Independent Fuel Co. v. Washington Real Estate Investment TrustCourt of Special Appeals of Maryland · 2011
- In re the Estate of RadwayNew York Surrogate's Court · 1932
- Marbridge Building Co. v. WhiteCity of New York Municipal Court · 1920
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