Legal Opinion

Phfee v. Dale

Appellate Terms of the Supreme Court of New York

Decided December 15, 1910Published

Appeal by the defendant from a judgment in favor of the plaintiff, rendered in the Municipal Court of the city of Dew York, borough of Manhattan, fifth district.

1Opinion of the CourtPlatzek, J.

This action is brought to recover for three months’ rent under a written lease. .The answer admits the making of the lease, denies that any rent is due, and pleads, as and for a separate defense, the breach, on the plaintiff’s part, of the conditions of the lease amounting to .constructive eviction.

The case came on for trial before one of the justices of the Municipal Court and a jury. The stenographer’s minutes show: “ Plaintiff’s attorney: The complaint stands admitted. The amount claimed to be due for rent for the three months is $240, and interest on that amount from September 1st, 1908.…

2Cases cited5 opinions

  1. Murray v. . New York Life Insurance Co.New York Court of Appeals · 1881
  2. Lake Ontario National Bank v. JudsonNew York Court of Appeals · 1890
  3. Conselyea v. . SwiftNew York Court of Appeals · 1886
  4. Hurliman v. SeckendorfNew York City Court · 1894
  5. Smith v. SergentNew York Supreme Court · 1874

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API