Storandt v. Vogel & Binder Co.
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, John W. Storandt, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance, the complaint having been dismissed upon the opening on a trial at the Monroe Trial Term in April, 1910.
1Opinion of the Court
Kruse, J.:
The action is to recover for a breach of certain covenants contained in the lease made by the defendant’s immediate predecessor in title to the plaintiff. The plaintiff’s complaint was dismissed upon the opening, upon the ground that it failed to state a cause of action against the defendant. The plaintiff now moves for a. new *672trial upon the exceptions, which were ordered to be heard here in the first instance.
The lease is made by Leonard Yogel and L. Frank Binder to the plaintiff. It is dated April 1, 1901, and is for the term of five years from the 1st day of July, 1901, with the…
2Cases cited5 opinions
- Myers v. . BurnsNew York Court of Appeals · 1866
- Norman v. WellsNew York Supreme Court · 1837
- Hoffman House v. . FooteNew York Court of Appeals · 1902
- Matter of CoatsworthNew York Court of Appeals · 1899
- In re CoatsworthAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by2 opinions
- Leather Products Co. v. Thomas P. Taylor Co.Pennsylvania Court of Common Pleas · 1936
- Leather Products Co., Inc. v. the Thomas P. TaylorConnecticut Superior Court · 1936