Legal Opinion

Greene v. Ker

Appellate Terms of the Supreme Court of New York

Decided July 1, 1905PublishedCited by 3 opinions

Appeal by the defendant from an order of the Municipal Court of the city of New York, twelfth district, borough of Manhattan; setting aside a verdict rendered in favor of the defendant and granting a new trial.

1Opinion of the CourtBischoff, J.

Upon.the trial of this action, brought to recover rent due under a written lease, the jury rendered its verdict in favor of the defendant, the tenant, upon a defense based upon the landlord’s nonobservance of an alleged collateral agreement to make certain repairs. The so-called collateral agreement was oral; and, according to the defendant’s own version of the facts, it provided for the making of these repairs, not as a condition to the making of the lease, but, more properly speaking, as a condition of the lease itself, since the repairs were to be made after the commencement of the term…

2Cases cited4 opinions

  1. Clenighan v. McFarlandNew York Court of Common Pleas · 1890
  2. Hall v. BestonAppellate Division of the Supreme Court of the State of New York · 1898
  3. Hall v. BestonNew York Supreme Court · 1896
  4. Hall v. . BestonNew York Court of Appeals · 1901

3Cited by3 opinions

  1. Brown v. DeGraffAppellate Division of the Supreme Court of the State of New York · 1918
  2. Distributers' Realty Co. v. LevinsohnAppellate Terms of the Supreme Court of New York · 1914
  3. Roseff v. BealsAppellate Division of the Supreme Court of the State of New York · 1918

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