Kienle v. Fred Gretsch Realty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Fred Gretsch Realty Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Kings on the 21st day of January, 1-909, upon the decision of the court, rendered after a trial at the Kings County Special Term, overruling the defendant’s demurrer to the complaint.
1Opinion of the Court
Rich, J.:
Two causes of action are alleged. The first, stripped of unnecessary verbiage, alleges that the parties entered into a- lease by the terms of which the defendant demised to -the plaintiff certain premises, including power, who took possession thereof and paid the contract rental for thirteen months, when the defendant asserted that the plaintiff was using five horse power more current than was permitted by the lease, fortho .rental therein provided, and demanded *393for that month, and monthly thereafter, an additional payment of twenty dollars and eighty-three cents for such additional…
2Cases cited10 opinions
- Bogardus v. . New York Life Ins. Co.New York Court of Appeals · 1886
- Witherbee v. . MeyerNew York Court of Appeals · 1898
- Savage v. . AllenNew York Court of Appeals · 1873
- Brass v. . RathboneNew York Court of Appeals · 1897
- People v. . WilmerdingNew York Court of Appeals · 1893
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3Cited by13 opinions
- In re the Estate of WeltonNew York Surrogate's Court · 1931
- Spellman Food Services, Inc. v. PartrickAppellate Division of the Supreme Court of the State of New York · 1982
- Kucker v. Gates Container Corp.Appellate Division of the Supreme Court of the State of New York · 1942
- Hartford Accident & Indemnity Co. v. ProctorAppellate Division of the Supreme Court of the State of New York · 1923
- Longenecker v. Longenecker Bros.New York Supreme Court · 1913
8 more not listed; retrieve them via the Exa API.