Legal Opinion
Witt-Stuart Realty Corp. v. Mantell
Appellate Terms of the Supreme Court of New York
Decided March 21, 1935PublishedCited by 4 opinions
1Opinion of the CourtFrankenthaler, J.
Action to recover $708.30, balance alleged to be due under a written lease, also to recover $6.65 for electric current furnished defendant. Answer, general denial, accord and satisfaction, payment and agreement modified.
It is stated in the opposing affidavit that the lease provides for a rental of $183.33 a month; that in December, 1933, plaintiff’s officer Witty agreed to modify the lease by reducing the rent to $125 a month; that defendant accordingly paid the rental of $125 a month since December, 1933, and also paid the charges for electricity.
In August, 1934, defendant received a letter…
2Cases cited7 opinions
- Brown v. Mayor of New YorkNew York Court of Appeals · 1876
- Jarvis v. . DriggsNew York Court of Appeals · 1877
- In re McDonaldAppellate Division of the Supreme Court of the State of New York · 1929
- Brambir v. SeifertAppellate Terms of the Supreme Court of New York · 1926
- People ex rel. Luke v. NuhnNew York Supreme Court · 1915
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Vernon Manor Co-operative Apartments, Section I, Inc. v. Salatino, New York County Courts1958
- Dolan v. LinnenCivil Court of the City of New York · 2003
- Kern v. GullerAppellate Division of the Supreme Court of the State of New York · 2007
- Wayside Homes, Inc. v. UptonNew York District Court · 1963