Corporation of Frederick Scholes v. Theodore Ficke Warehouses, Inc.

Jaycox, J.:

This is the second trial of this action. Upon the first trial a verdict was directed in favor of the plaintiff. An appeal was taken and the judgment was reversed and complaint dismissed. The opinion was by Jaycox, J., Kelly, P. J., dissenting (209 App. Div. 34). Later a motion was made and the order resettled so as to direct a new trial. (See 208 App. Div. 855.) The action was brought to recover rent which the plaintiff claims is due. There is no dispute as to defendant’s occupation of the premises, no dispute as to the making of the lease, or as to the amount due if plaintiff’s…