Wilson v. Rosenthal
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant from a judgment of the Supreme Court, entered in the office of the clerk of the county of Suffolk on the 23d day of January, 1912, and from an order entered on the 4th day of April, 1912, denying his motion for a new trial. Judgment and order affirmed, with costs. No opinion. Burr, Thomas and Rich, JJ., concurred; Woodward, J., read for reversal, with whom Hirschberg, J., concurred.
1Dissent
Woodward, J. (dissenting):
This action was brought to recover $400 rent for the last four months of a lease of premises used as a saloon or place for the sale of liquors in the village of Sag Harbor and $100 damages to the property. The defense is surrender by the defendant of the premises for that part of the term and acceptance thereof by the plaintiff. Defendant counterclaims also for $150.50 for alleged failure of the plaintiff to repair and deliver possession of the property, as required by the terms of the lease. The jury found for the plaintiff in the sum of $400, and the defendant…
2Cases cited6 opinions
- Gray v. Kaufman Dairy & Ice Cream Co.New York Court of Appeals · 1900
- Coe v. . HobbyNew York Court of Appeals · 1878
- Beall v. WhiteSupreme Court of the United States · 1877
- Levitt v. ZindlerAppellate Division of the Supreme Court of the State of New York · 1910
- Gaffney v. PaulAppellate Terms of the Supreme Court of New York · 1899
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