Greene v. Ker
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Twelfth District. Action by Florence K. Greene against Katherine Ker. From a judgment in favor of plaintiff, defendant appeals.
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. BestonAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by1 opinion
- Distributers' Realty Co. v. LevinsohnAppellate Terms of the Supreme Court of New York · 1914