Rockaway Point Co. v. Friberg
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Sophie Friberg and another, from a final order of the County Court of the county of Queens, made in summary proceedings to dispossess, and entered in the office of the clerk of said county on the 24th day of June, 1921, awarding to the landlord possession of the property in question, and also from an order entered in said clerk’s office on or about the same day denying defendants’ motion to set aside the verdict and for a new trial made upon the…
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Appeal by the defendants, Sophie Friberg and another, from a final order of the County Court of the county of Queens, made in summary proceedings to dispossess, and entered in the office of the clerk of said county on the 24th day of June, 1921, awarding to the landlord possession of the property in question, and also from an order entered in said clerk’s office on or about the same day denying defendants’ motion to set aside the verdict and for a new trial made upon the minutes. The final order awarded the landlord possession of a lot 33 East Center street, at Rockaway Point, with the…
1Opinion of the Court
Putnam, J.:
The lease itself provided: “ The said demised premises are to be occupied exclusively for dwelling purposes for not more than 6 persons.” There is another covenant not to build more than one story in height “ or designed for use other than as a private dwelling.”
The undertenant (Giery) continued to hold his city home at Long Island City; and at date of this trial (June 21, 1921) testified that he had been living in this bungalow at Rockaway Point for two weeks, which indicates that he moved in after June first.
The equitable defense of a promised renewal lease rested on collective…
2Cases cited2 opinions
- Jackson v. GreyAppellate Division of the Supreme Court of the State of New York · 1921
- Howie v. McKenzieNew York Supreme Court · 1921
3Cited by1 opinion
- Rockaway Point Co. v. FribergAppellate Division of the Supreme Court of the State of New York · 1921