Greene v. Ker
Appellate Terms of the Supreme Court of New York
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
- Clenighan v. McFarlandNew York Court of Common Pleas · 1890
- Hall v. BestonAppellate Division of the Supreme Court of the State of New York · 1898
- Hall v. BestonNew York Supreme Court · 1896
- Hall v. . BestonNew York Court of Appeals · 1901
3Cited by3 opinions
- Brown v. DeGraffAppellate Division of the Supreme Court of the State of New York · 1918
- Distributers' Realty Co. v. LevinsohnAppellate Terms of the Supreme Court of New York · 1914
- Roseff v. BealsAppellate Division of the Supreme Court of the State of New York · 1918