D. & C. Schwartz, Inc. v. De Jong
Appellate Terms of the Supreme Court of New York
Appeal by plaintiff from a judgment of the Municipal Court of the city of New York, borough of Manhattan, second district, in its favor upon the first cause of action, and from an amended judgment in so far as said amended judgment directs that defendant have judgment against the plaintiff on the merits as to the second cause of action and awards costs to the defendant; also from an order denying plaintiff’s motion to set aside judgment and for a new trial, the plaintiff…
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Appeal by plaintiff from a judgment of the Municipal Court of the city of New York, borough of Manhattan, second district, in its favor upon the first cause of action, and from an amended judgment in so far as said amended judgment directs that defendant have judgment against the plaintiff on the merits as to the second cause of action and awards costs to the defendant; also from an order denying plaintiff’s motion to set aside judgment and for a new trial, the plaintiff also bringing up for review the order directing the entry of said amended judgment.
1Opinion of the CourtGuy, J.
The defendant was a tenant of the plaintiff, under a lease in writing, which, by its terms, as extended by two supplementary memoranda, expired on February 1,1917. The action is brought to recover rent for the months of January (concededly due) and February, 1917. The latter item is claimed on the theory that the defendant held over after the expiration of the lease and that plaintiff has elected to consider the holding over a renewal for another year. The only issue litigated was whether the plaintiff was *555entitled to the rent for February, 1917. The jury returned a verdict for the plaintiff…
2Cases cited5 opinions
- Herter v. . MullenNew York Court of Appeals · 1899
- Frost v. Akron Iron Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Ketcham v. OchsNew York Supreme Court · 1901
- Magner v. BarrettAppellate Division of the Supreme Court of the State of New York · 1910
- Ernst v. HolznerAppellate Terms of the Supreme Court of New York · 1911
3Cited by1 opinion
- Vandegrift v. United StatesCourt of Customs and Patent Appeals · 1946