Legal Opinion

Hennessy Realty Co. v. Bernstein

Appellate Terms of the Supreme Court of New York

Decided February 15, 1920Published

Appeal by defendant from a judgment of the Municipal Court of the city of New York, borough of Manhattan, fifth district, in favor of plaintiff, after a trial with a jury. Judgment by direction of verdict.

1Opinion of the CourtWagner, J.

This action is brought by the plaintiff, landlord, against .the defendant, tenant, to recover *332$120.83 alleged to be due as rent for the month of October, 1919, for an apartment at 41 West Eighty-third street, borough of Manhattan, New York city, pursuant to the terms of an alleged lease dated June 6, 1919. The tenant admits that he occupied the premises during the month in question and that he has never paid the sum demanded by the landlord, but contends that a lease made on July 10, 1917, stipulating a monthly rental of $79.17 is still in full force and effect.

• The defendant pleaded and…

2Cases cited1 opinion

  1. Hopkins Realty Co. v. KirschbaumAppellate Terms of the Supreme Court of New York · 1914

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