East Forty-Sixth Street Realty Corp. v. Max Gutschneider, Inc.
Appellate Terms of the Supreme Court of New York
Appeal by defendant from.a final order in summary proceedings, in the Municipal Court of the city of New York, borough of Manhattan, first district, in favor of plaintiff, which also dismissed the defendant’s counterclaim.
1Opinion of the CourtBijur, J.
This proceeding was instituted against the defendant-tenant (by the purchaser of the premises from the original owner from whom defendant had leased the same as tenant) to dispossess it for failure to pay $525 rent for the month of January, 1918.
The defendant conceded the non-payment of the rent. It, however, set up as “ a separate and distinct defense and as a counterclaim or set off ” a cause of action against plaintiff’s grantor for some $7,000. It appeared that in another proceeding of the same character between the same parties to recover possession of the premises for non-payment of the…
2Cases cited2 opinions
- Hett v. LangeAppellate Division of the Supreme Court of the State of New York · 1910
- Gordon v. Van CottAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by3 opinions
- Brinn v. Harry Hindlemann, Inc.Appellate Division of the Supreme Court of the State of New York · 1922
- Geracy, Inc. v. HooverCourt of Appeals for the D.C. Circuit · 1942
- Geracy, Inc. v. HooverCourt of Appeals for the D.C. Circuit · 1942