Wilkes-Barre Realty Co. v. Levy
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Fifth District. Action by the Wilkes-Barre Realty Company against Harry Levy. From a judgment for defendant, plaintiff appeals. Reversed, and new trial ordered.
1Opinion of the CourtGiegerich, J.
Plaintiff sued to recover rent of certain apartments for the month of July, 1908, amounting, according to the terms of the lease between the parties herein, to the sum of $70. The lease expired October 1, 1909. The defendant vacated the apartments in June, 1908. The answer contained a general denial, alleged a constructive eviction, and also set up a counterclaim for $180, being $60 alleged to have been paid as the rent of other apartments for the month of June and $120, being an advance of $10 per month rental for the 12 months of the unexpired term of the lease. The only question litigated…
Also in this document: Concurrence.
2Cases cited3 opinions
- Diehl v. WatsonAppellate Division of the Supreme Court of the State of New York · 1903
- Sefton v. JuilliardAppellate Terms of the Supreme Court of New York · 1904
- Floyd-Jones v. SchaanAppellate Terms of the Supreme Court of New York · 1908
3Cited by1 opinion
- North Pacific Steamship Co. v. Terminal Investment Co.California Court of Appeal · 1919