Legal Opinion

Westwitt Realty Corp. v. Burger

Appellate Division of the Supreme Court of the State of New York

Decided May 1, 1925PublishedCited by 7 opinions

1Opinion of the Court

Finch, J.:

This appeal involves only one question, namely, whether there was sufficient written evidence of a lease for more than one year to satisfy the statute.

The action was brought to recover rent claimed to be due under a lease for two years alleged by the plaintiff to have been entered into between the parties. The defendant denied that a lease had been made, and for a defense pleaded the Statute of Frauds.

In August, 1922, the wife of the defendant saw the plaintiff’s agent in reference to leasing an apartment. She received from the plaintiff’s agent a form of lease filled out, but with…

2Cases cited6 opinions

  1. Moelle v. SherwoodSupreme Court of the United States · 1893
  2. Austin v. . HollandNew York Court of Appeals · 1877
  3. Waldren v. WallerWest Virginia Supreme Court · 1909
  4. Jewett v. GriesheimerAppellate Division of the Supreme Court of the State of New York · 1905
  5. Ex parte DeckerNew York Supreme Court · 1826

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Brause v. GoldmanAppellate Division of the Supreme Court of the State of New York · 1960
  2. In re the Estate of JohnstonNew York Surrogate's Court · 1937
  3. Humble Oil & Refining Co. v. CoxSupreme Court of Virginia · 1966
  4. Kleinberg v. Ambassador AssociatesAppellate Division of the Supreme Court of the State of New York · 1984
  5. 300 West End Avenue Corp. v. WarnerAppellate Division of the Supreme Court of the State of New York · 1928

2 more not listed; retrieve them via the Exa API.

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