Legal Opinion · Dissent

James McCreery Realty Corp. v. Equitable National Bank

Appellate Division of the Supreme Court of the State of New York

Decided January 10, 1908Published

Appeal by the defendant, the Equitable ¡¡National Bank of ¡Nhw York, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 28th day of May, 1907, affirming an order of the City Court of the city of ¡New York entered in the office of the clerk of said court on. the 28th day of ¡December, 1906.

1Dissent

Ingraham, J. (dissenting):

This action was commenced on January 4, 1905, in the.City Court, to recover a'monthly installment of rent óf real property for the month of January, 1905, the complaint alleging that on or about the 1st of Hay, 1902, the plaintiff and the defendant' entered into a lease in writing whereby the plaintiff leased and demised to the defendant a portion of the premises 803 Broadway, in the city of Eew York, for a,term of five years, to commence on the 1st day of Hay, 1902, at the- yearly ■ rental of $9,000, payable in equal monthly installments on the'first day of each…

2Cases cited1 opinion

  1. Biddescomb v. CameronAppellate Division of the Supreme Court of the State of New York · 1901

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