Thomas F. Martin Realty Co. v. Cooke
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Brooklyn, First District. Action for rent alleged to be due under a written lease by the Thomas F. Martin Realty Company against George Cooke, Sr., and another. From an order denying a new trial on the ground of newly discovered evidence, defendant named appeals. Reversed, and new trial granted.
1Per curiam
Appellant by affidavits fairly establishes his claim that he did not know until after the trial that the landlord had rented out the premises to another tenant following defendants’ abandonment thereof, and that he received from such other tenant $200 in rent during the balance of the term of the lease. While this may have constituted a surrender by operation of law (Gray v. Kaufman Dairy, 162 N. Y. 388, 56 N. E. 903, 49 L. R. A. 580, 76 Am. St. Rep. 327; Gut-man v. Conway, 45 Misc. Rep. 363, 365, 90 N. Y. Supp. 290), the appellant at least is entitled to have effect given to the clause in…
2Cases cited4 opinions
- Gray v. Kaufman Dairy & Ice Cream Co.New York Court of Appeals · 1900
- Underhill v. . CollinsNew York Court of Appeals · 1892
- Berg v. KaiserAppellate Division of the Supreme Court of the State of New York · 1910
- Gutman v. ConwayAppellate Terms of the Supreme Court of New York · 1904
3Cited by1 opinion
- Washoe County Bank v. CampbellNevada Supreme Court · 1917