S. Liebmann's Sons Brewing Co. v. De Nicolo
New York Supreme Court
Appeal by the landlord from a final order of the Municipal Court of the city of New York, second district, borough of Manhattan, dismissing the petition in summary proceedings after the verdict of a jury.
1Opinion of the Court
MacLean, J.:
In proceedings to obtain possession of premises on default of payment of $833.33 rental for June and October, inclusive, 1904, Nicolo, designated as tenant, pleaded a general denial; Cotter, designated as undertenant, the like and “for a further and distinct defense and by way of counterclaim ” alleged that he was the tenant at a yearly rental of $2,000, which he had always paid promptly; that he had so become under a mutual agreement on April 30, 1904, whereby he was to sell the landlord’s beer only, and the landlord was to furnish him money for a liquor license and keep it in…
2Cases cited3 opinions
- Wulff v. CilentoAppellate Terms of the Supreme Court of New York · 1899
- Gay v. Riehmann Mantel Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Furey v. O'ConnorAppellate Terms of the Supreme Court of New York · 1903