Legal Opinion
Metropolitan Life Insurance v. Shapiro
Appellate Terms of the Supreme Court of New York
Decided May 13, 1937PublishedCited by 2 opinions
1Opinion of the CourtCallahan, J.
In this summary proceeding brought on the ground that the tenant holds over after the expiration of his term, he counterclaimed for $9,824, damages to personal property. No question is raised as to the sufficiency of the counterclaim.
At the April, 1932, term this court held that a counterclaim for money damages could not be interposed in a summary proceeding such as this for holding over the term. (Madison 52nd Corporation v. Club Internationale, Inc., No. 242 Mun. Ct.) The Appellate Division denied an application for leave to appeal to that court from our determination.
Prior to 1893 there…
2Cases cited9 opinions
- Roach v. CosineNew York Supreme Court · 1832
- The People Ex Rel. Ainslee v. . HowlettNew York Court of Appeals · 1879
- Simon v. SchmittAppellate Division of the Supreme Court of the State of New York · 1910
- Durant Land Improvement Co. v. East River Electric Light Co.New York Court of Common Pleas · 1889
- 240 West 37th Street Co. v. LippmanAppellate Division of the Supreme Court of the State of New York · 1934
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3Cited by2 opinions
- Great Park Corp. v. GoldbergerCivil Court of the City of New York · 1964
- Krutzeck v. Kruse, New York County Courts1957