Legal Opinion
Mosbacher v. Cleaners Enterprises, Inc.
City of New York Municipal Court
Decided January 27, 1959PublishedCited by 4 opinions
1Opinion of the CourtArthur Wachtel, J.
This is a summary proceeding for nonpayment of rent in the amount of $250 due for the month of November, 1958, plus accumulated water charges in the amount of $130.40.
The answer consists of a general denial and four affirmative defenses and a counterclaim for damages in the amount of $3,000. The counterclaim was withdrawn by the tenant without prejudice during the trial. The affirmative defenses are breach of lease, breach of covenant of quiet enjoyment, actual eviction and constructive eviction.
The demised premises were leased to the tenant for the following purposes: ‘ ‘ Shirt laundering,…
2Cases cited19 opinions
- Edgerton v. . PageNew York Court of Appeals · 1859
- Boreel v. . LawtonNew York Court of Appeals · 1882
- Tallman v. . MurphyNew York Court of Appeals · 1890
- Fifth Avenue Building Co. v. . KernochanNew York Court of Appeals · 1917
- Thomson-Houston Electric Co. v. Durant Land Improvement Co.New York Court of Appeals · 1894
14 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Finkelstein v. LevinsonCivil Court of the City of New York · 1973
- Osias v. 21st Borden Corp.New York City Court · 1961
- Bronx Garment Center, Inc. v. Acme Multi-Stitching Corp.Civil Court of the City of New York · 1962
- Garry v. Ryan & Henderson, P.C.Nassau County District Court · 2016