Westwitt Realty Corp. v. Burger
Appellate Division of the Supreme Court of the State of New York
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
- Moelle v. SherwoodSupreme Court of the United States · 1893
- Austin v. . HollandNew York Court of Appeals · 1877
- Waldren v. WallerWest Virginia Supreme Court · 1909
- Jewett v. GriesheimerAppellate Division of the Supreme Court of the State of New York · 1905
- Ex parte DeckerNew York Supreme Court · 1826
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Brause v. GoldmanAppellate Division of the Supreme Court of the State of New York · 1960
- In re the Estate of JohnstonNew York Surrogate's Court · 1937
- Humble Oil & Refining Co. v. CoxSupreme Court of Virginia · 1966
- Kleinberg v. Ambassador AssociatesAppellate Division of the Supreme Court of the State of New York · 1984
- 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.