Schaffer v. Fihrer
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Nahum Schaffer against Rebecca Fihrer. From a judgment of the Municipal Court of the City of New York in favor of the plaintiff, defendant appeals.
1Opinion of the CourtSeabury, J.
The only question requiring discussion upon this appeal relates to the failure of the court below to consider the defendant’s counterclaim. The action was brought to recover damages sustained by the plaintiff by reason of his having been evicted by one Perlman. It appears that Perlman owned the premises in question, and that the defendant was his tenant at will, and that the defendant leased the premises under a monthly tenancy to the plaintiff. The plaintiff was dispossessed by Perlman because of defendant’s failure to pay rent. The answer was in effect a general denial and a counterclaim…
2Cases cited2 opinions
- Bellock v. WeitzerAppellate Division of the Supreme Court of the State of New York · 1911
- Rosenberg v. AldhausAppellate Terms of the Supreme Court of New York · 1911
3Cited by2 opinions
- Cohen v. YalkutAppellate Terms of the Supreme Court of New York · 1913
- Zappolo v. LaniganAppellate Division of the Supreme Court of the State of New York · 1935