Call v. Case
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York. Action by William Call against Elizabeth Gertrude Case. From a judgment for defendant, and from an order denying a motion for a new trial, plaintiff appeals. Affirmed.
1Opinion of the CourtFreedman, P. J.
This action was brought by the plaintiff to recover for four months’ rental of an apartment under a lease made by the defendant expiring October i, 1902, the defendant having surrendered the premises prior to May 1, 1902, and having paid the rent up to that time. The making of the lease and the amount of unpaid rent was admitted, and the sole issues submitted to the jury were two, viz.: (1) Whether there was a constructive eviction by reason of the escape of smoke and sewer gas into the apartment; and (2) whether the lease was canceled by the plaintiff, and the premises surrendered at his…
2Cases cited2 opinions
- Hall v. IrvinAppellate Division of the Supreme Court of the State of New York · 1903
- Hall v. IrwinAppellate Division of the Supreme Court of the State of New York · 1903