Stayton Realty Corp. v. Rhodes
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Stayton Realty Corporation, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 4th day of November, 1921, denying the plaintiff’s motion for judgment upon the pleadings consisting of a complaint and answer, and a demurrer to the counterclaim in the answer.
1Opinion of the Court
Smith, J.:
The action is for the recovery of rent. A lease was made for the sum of $3,300 by the defendant in the year 1918, from the 1st day of October, 1918, to the 30th day of September, 1920. On the 22d of March, 1920, this lease was renewed for the term of three years, at $6,600, payable in monthly installments in advance. The complaint alleges the failure of the defendant to pay said sum in full, and demands judgment for the balance due of $1,540 with interest.
The answer admits the execution of the renewal lease in 1920, and admits certain payments, and that no further payments have been…
2Cases cited7 opinions
- Schiffer v. . DietzNew York Court of Appeals · 1881
- Dunham v. . GriswoldNew York Court of Appeals · 1885
- Orinoco Realty Co. v. . BandlerNew York Court of Appeals · 1922
- Edgar A. Levy Leasing Company, Inc. v. . SiegelNew York Court of Appeals · 1921
- McPherson v. . CoxNew York Court of Appeals · 1881
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3Cited by3 opinions
- L. Heller & Son, Inc. v. Lassner Co.Appellate Division of the Supreme Court of the State of New York · 1925
- Castiglia v. LucasNew York Supreme Court · 1928
- Weingot v. Unison Agreement Corp.District Court, E.D. New York · 2024