Schlesinger v. Perper
Appellate Terms of the Supreme Court of New York
Appeal hy the defendant from a judgment of the Municipal Court of the city of New York, borough of Manhattan, second district, in favor of the plaintiff, rendered after a trial hy the court without a jury.
1Opinion of the CourtGiegerich, J.
I think the plaintiff sufficiently proved the -assignment of the lease to the defendant and her occu*251pation of the premises thereunder. By such assignment and occupation the defendant became liable to the plaintiff for rent for the period of her occupation (Sayles v. Kerr, 38 N. Y. Supp. 880; Dassori v. Zarek, 75 id. 841); and the only question in the case is whether the plaintiff, by prosecuting an action against his lessee to judgment, has precluded himself from the right to sue.the assignee for rent for the same period for which he had previously recovered judgment 'against his lessee. The…
2Cases cited2 opinions
- Sayles v. KerrAppellate Division of the Supreme Court of the State of New York · 1896
- People v. German BankAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by1 opinion
- McKee's Cash Store v. OteroArizona Supreme Court · 1918