Legal Opinion
Zipser v. Dunst
Appellate Terms of the Supreme Court of New York
Decided May 19, 1915PublishedCited by 2 opinions
Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Max A. Zipser against Isaac Dunst. From a final order entered on a verdict directed by the court in summary proceedings, the defendant appeals.
1Opinion of the CourtGuy, J.
The proceeding was brought for nonpayment of rent due November 15, 1914. The defense was surrender. On November 16th the tenant called upon the landlord, paid him $200 on account, and promised to pay the balance before the end of the month. The tenant again went to the landlord on November 28th. The landlord was angry because the the check was brought so late, and said:
“I don’t want you; I will throw you out.”
*395To which the tenant replied:
“You don’t need to throw me out. Give me my security back and take your house.”
The landlord then said:
“I will willingly. Don’t go any more to the house, and…
2Cases cited2 opinions
- Kelly v. NoxonNew York Supreme Court · 1892
- Baldwin v. CohenAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by2 opinions
- Schulte Real Estate Co. v. FrankfortCity of New York Municipal Court · 1933
- Zipser v. DunstAppellate Terms of the Supreme Court of New York · 1915