Legal Opinion

Stewart v. Briggs

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 1911PublishedCited by 3 opinions

Appeal "by the defendant, Harry A. Briggs, from a judgment of the County Court of Ulster county in. favor, of the plaintiff, entered in the office of the clerk of said county on the 27th day of February, 1911, upon the decision of the court rendered after a trial before the court without a jury.

1Opinion of the Court

Houghton, J.:

This action is brought to recover one month’s rent under the lease considered by this court in Stewart v. Briggs (138 App. *387Div. 701), and also to recover six months’ rent at the rate specified in the lease because the defendant held over at the expiration of his term.

It is unnecessary to state the facts as they are the same appearing on the former appeal, except that it now appears that the contractors in behalf of the city of New York had more completely occupied the farm appurtenant to the dwelling house which the defendant leased from the plaintiff, and dug-up the land and…

2Cases cited3 opinions

  1. Kennedy v. . City of New YorkNew York Court of Appeals · 1909
  2. Herter v. . MullenNew York Court of Appeals · 1899
  3. Stewart v. BriggsAppellate Division of the Supreme Court of the State of New York · 1910

3Cited by3 opinions

  1. In re the Estate of GargiuloNew York Surrogate's Court · 1930
  2. Bastede v. LevanCity of New York Municipal Court · 1939
  3. Schmidt v. Leary, New York County Courts1945

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