Repetti v. Repetti Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Seventh District. Action by Charles Repetti against Repetti Company. From a Municipal Court judgment in favor of plaintiff for a part of the relief demanded, defendant appeals.
1Opinion of the CourtHendrick, J.
The action is for rent for one month of premises at 46 West 125th street, New York, occupied by defendant under a lease from plaintiff. The rent amounts to $375. Defendant admits that the sum claimed is due, but alleges payment, and also alleges a counterclaim for the value of candy, cake, ice cream, and other merchandise sold .to plaintiff by defendant, amounting to $631.97, which sum, less the rent, $375, leaves a balance of $256.97, for which defendant asks judgment against plaintiff.
The counterclaim is founded upon two claims—one for merchandise furnished plaintiff at his request from…
2Cases cited2 opinions
- Wanamaker v. . WeaverNew York Court of Appeals · 1903
- Winkler v. SchlagerNew York Supreme Court · 1892