Legal Opinion · Dissent

Lillian Realty Co. v. Erdurm

Appellate Terms of the Supreme Court of New York

Decided January 21, 1910Published

Appeal from Municipal Court, Borough of Manhattan, Fourth District. Action by the Lillian Realty Company against Frank Erdurm. From a judgment for plaintiff, defendant appeals.

1DissentGiegerich, J.

The defendant, as lessee, entered into a written lease with the plaintiff, as lessor, of an apartment in the city of New York for the term of one year from October 1, 1908, at the yearly rent of $540, payable in equal monthly payments on the 1st day of each month during the term. This action is to recdver the *751rent so reserved for the month of March, 1909. The defense was that the premises had been surrendered in the month of February preceding.

The defendant testified that on the 2d day of February, 1909, he went to the offices of Lawrence & Wolff, the agents through whom he had leased the…

2Cases cited5 opinions

  1. Stilwell v. . Mutual Life Insurance Co.New York Court of Appeals · 1878
  2. Wallace v. DinninyNew York Court of Common Pleas · 1895
  3. Goldsmith v. SchroederAppellate Division of the Supreme Court of the State of New York · 1904
  4. Ireland v. HydeAppellate Terms of the Supreme Court of New York · 1901
  5. Barkley v. HoltAppellate Terms of the Supreme Court of New York · 1903

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