Carmer v. Rhodes
Appellate Division of the Supreme Court of the State of New York
Order affirmed, with ten dollars costs and disbursements. All concurred, except Spring and Kruse, JJ., who dissented in a memorandum by Kruse, J.
1Opinion of the Court
Kruse, J. (dissenting):
I dissent. The plaintiff in this action was the defendant in the summary proceeding which he attacks. He appeared therein, filed an answer to the petition, contested the same and was beaten. The real controversy between the parties was whether the plaintiff’s term, which concededly expired on the 1st day of May, 1906, was extended for another year as claimed by the plaintiff, or whether he was holding over after the expiration of said *916term. The plaintiff contended that a new lease was executed hy the agent of the owners, and proffered to him, which he did not execute;…
2Cases cited1 opinion
- New York City Baptist Mission Society v. PotterNew York Supreme Court · 1897