Legal Opinion

Waitt Construction Co. v. Chase

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

Decided May 27, 1921PublishedCited by 14 opinions

Appeal by the plaintiff, Waitt Construction Company, Inc., from an order and determination of the Appellate Term of the Supreme Court, First Department, entered in the office of the clerk of the county of New York on the 10th day of February, 1921, affirming a judgment of the Municipal Court of the City of New York, Borough of Manhattan, Fifth District, in favor of the defendant.

1Opinion of the Court

Smith, J.:

The action is for rent for the month of October, 1920, for rooms in a building known as' the George Washington at No. 116 West Seventy-second street in the city of New York. The defendant held under a written lease dated April 9, 1920. The only defense interposed was that the rent sought to be recovered for the rooms is unjust and unreasonable and that the agreement under which the same is sought to be recovered is oppressive. This form of defense in an action for rent is provided for by chapter 944 of the Laws of 1920, which *329amended generally and superseded chapter 136 of the Laws…

2Cases cited3 opinions

  1. Bonner v. WelbornSupreme Court of Georgia · 1849
  2. Hackett v. Bell Operating Co.Appellate Division of the Supreme Court of the State of New York · 1918
  3. In re Brewster, New York County Courts1903

3Cited by14 opinions

  1. Pierro v. BaxendaleSupreme Court of New Jersey · 1955
  2. Satterthwait v. GibbsSupreme Court of Pennsylvania · 1927
  3. Edwards v. StateCourt of Criminal Appeals of Texas · 1971
  4. Dixon v. RobbinsNew York Court of Appeals · 1927
  5. Von der Heide v. Zoning Board of AppealsNew York Supreme Court · 1953

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