Stern v. Philipsborn
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Herman Katz, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 27th day of July, 1915, as resettled by an order entered in said clerk’s office on the 9th day of August, 1915, granting plaintiffs’ motion to strike out parts of appellant’s answer as irrelevant and redundant.
1Opinion of the Court
Laughlin, J.:
This is an action on leases in writing of premises No. 12 West Twenty-third street and No. 1 West Twenty-second street, in the borough of Manhattan, New York, to defendants, and it is brought to recover for rent, taxes and assessments alleged to have become due and owing under the leases at various times from February 1, 1914. The appellant answered separately and pleaded both as a complete and partial defense that the leases of the premises were taken by the copartnership for the purpose of conducting its business as dealer in women’s apparel; that the firm conducted the…
2Cases cited5 opinions
- Bradner v. . FaulknerNew York Court of Appeals · 1883
- Dinkelspiel v. New York Evening Journal Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Gutta-Percha & Rubber Manufacturing Co. v. HolmanAppellate Division of the Supreme Court of the State of New York · 1912
- Brown v. HoffmanAppellate Division of the Supreme Court of the State of New York · 1915
- People v. American Ice Co.Appellate Division of the Supreme Court of the State of New York · 1909
3Cited by3 opinions
- Hains v. New York Evening Journal, Inc.New York Supreme Court · 1930
- Bayork Realty Corp. v. HuntAppellate Division of the Supreme Court of the State of New York · 1935
- Bayork Realty Corp. v. HuntAppellate Division of the Supreme Court of the State of New York · 1935