Legal Opinion
45 East 57th Street Co. v. Millar
Appellate Division of the Supreme Court of the State of New York
Decided October 30, 1925PublishedCited by 3 opinions
1Opinion of the Court
McAvoy, J.:
These two appeals arise, one from a determination of the Appellate Term affirming an. order of the City Court of the City of New York striking out a separate defense, and the other from the Special Term of the Supreme Court which denied a motion to strike out the same defense in an answer in an action in the Supreme Court involving the same issues.
The defense which is the object of attack alleges, in an acton if or damages for the difference between the rent reserved in a lease and the amount secured by the landlord after the tenant had given up possession of the premises, that a…
2Cases cited3 opinions
- Hall v. . GouldNew York Court of Appeals · 1855
- Cornwell v. . SanfordNew York Court of Appeals · 1918
- Darmstadt v. Knickerbocker Chandelier & Electrical Supply Co.Appellate Division of the Supreme Court of the State of New York · 1919
3Cited by3 opinions
- Von der Horst v. WolinskyCity of New York Municipal Court · 1930
- Douglas Manor House, Inc. v. WohlfeldAppellate Terms of the Supreme Court of New York · 1970
- Howard Stores Corp. v. Robison Rayon Co.Appellate Terms of the Supreme Court of New York · 1970