Legal Opinion
Fisher v. Lohse
New York Supreme Court
Decided May 13, 1943PublishedCited by 1 opinion
1Opinion of the CourtColden, J.
In an action by a landlord to recover from her tenant the sum of $250 for five months’ rent under the provisions of a written lease, dated October 15, 1938, the plaintiff moves for summary judgment pursuant to rule 113 of the Buies of Civil Practice.
By failure to deny any of the allegations of the complaint the defendant has admitted the execution of the lease and that no part of the five months’ rent due to the plaintiff has been paid, although duly demanded. The answer consists solely of an affirmative defense wherein it is alleged, in substance, that the leased premises “ comprise what is…
2Cases cited7 opinions
- Graf v. Hope Building Corp.New York Court of Appeals · 1930
- Matter of Kramer Uchitelle, Inc.New York Court of Appeals · 1942
- Robitzek Investing Co. v. Colonial Beacon Oil Co.Appellate Division of the Supreme Court of the State of New York · 1943
- Byrnes v. BalcomAppellate Division of the Supreme Court of the State of New York · 1942
- Colonial Operating Corp. v. Hannan Sales & Service, Inc.Appellate Division of the Supreme Court of the State of New York · 1943
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Wood v. BartolinoNew Mexico Supreme Court · 1944