Salomon v. Gleichenhaus
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by Walter J. Salomon against Louis Gleichenhaus. From an interlocutory’ judgment of the City Court of the City of New York, overruling a demurrer to a separate defense in the amended answer, plaintiff appeals. Reversed, and demurrer sustained, with leave to defendant to amend.
1Opinion of the CourtCohalan, J.
This is an appeal by the plaintiff from an interlocutory judgment overruling a demurrer to the separate defense set up in the amended answer.
The complaint sets forth the leasing by the plaintiff to the defendant of certain premises for a term of three years from November 1, 1909, to October 31, 1912, a covenant to pay rent in monthly installments, and the breach by the defendant of such covenant, and the further agreement on the part of the defendant, contained in the lease, that if the premises became vacant, or any rent became due and unpaid, the plaintiff, as landlord, might re-enter and…
2Cases cited6 opinions
- Boreel v. . LawtonNew York Court of Appeals · 1882
- Anzolone v. PaskuszAppellate Division of the Supreme Court of the State of New York · 1904
- Baylies v. IngramAppellate Division of the Supreme Court of the State of New York · 1903
- Slater v. Von ChorusAppellate Division of the Supreme Court of the State of New York · 1907
- Eells v. DumaryAppellate Division of the Supreme Court of the State of New York · 1903
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