Edgar A. Levy Leasing Company, Inc. v. . Siegel
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 24, 1920, which affirmed an order of Special Term denying a motion by plaintiff for judgment upon the pleadings in an action for rent.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 24, 1920, which affirmed an order of Special Term denying a motion by plaintiff for judgment upon the pleadings in an action for rent. The answer sets up two affirmative defenses: (1) That defendant executed the lease sued on under duress, and (2) that the rent reserved under the renewal lease is unjust, unreasonable and oppressive, the latter defense being predicated on chapter 944 of the Laws of 1920. The following questions were certified: First. Is the…
1Opinion of the Court
Order affirmed, with costs, on opinion of Pound, J., in People ex rel. Durham Realty Corp. v. La Fetra (230 N. Y. 429), and questions certified answered as follows: Nos. 1, 4,5,6 and 7 in the negative; Nos. 2 and 3 in the affirmative.
Concur: His cock, Ch. J., Hogan, Cardozo, Pound, and Andrews, JJ.; Crane, J., concurs in result on opinion in Guttag v. Shatzkin (230 N. Y. 647); McLaughlin, J., dissents in following opinion:
2Cases cited2 opinions
- People Ex Rel. Durham Realty Corp. v. La FetraNew York Court of Appeals · 1921
- Guttag v. . ShatzkinNew York Court of Appeals · 1921
3Cited by31 opinions
- Home Building & Loan Assn. v. BlaisdellSupreme Court of the United States · 1934
- Marcus Brown Holding Co. v. FeldmanSupreme Court of the United States · 1921
- A. B. Small Co. v. American Sugar Refining Co.Supreme Court of the United States · 1925
- People Ex Rel. Durham Realty Corp. v. La FetraNew York Court of Appeals · 1921
- Blaisdell v. Home Building & Loan Ass'nSupreme Court of Minnesota · 1933
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