Legal Opinion

Schmidt v. Vajhen

Appellate Division of the Supreme Court of the State of New York

Decided March 3, 1911PublishedCited by 3 opinions

Appeal by the defendant, Herman Yahjen, Jr., from a judgment of the Municipal Court of the city of Hew York, borough of Brooklyn, in favor of the plaintiff, rendered on the 5th day of October, 1910.

1Opinion of the Court

Per Curiam :

The defendant rented the plaintiff’s store, 415 Graham avenue, under a letting apparently not in writing. Whatever the term was, the defendant was at liberty to surrender the premises after April, 1909. In April he agreed with plaintiff to hire the store for a year, as plaintiff states; for the month of May, as defendant testifies. The defendant’s evidence shows that he had rented another store, hut could not move into it at once, and that for this reason the plaintiff allowed him to remain in the store in question for May. 'In support of his evidence defendant produced a form of…

2Cases cited2 opinions

  1. Underhill v. . CollinsNew York Court of Appeals · 1892
  2. Levitt v. ZindlerAppellate Division of the Supreme Court of the State of New York · 1910

3Cited by3 opinions

  1. Shapiro v. Marstone Distributors, Inc.Appellate Division of the Supreme Court of the State of New York · 1971
  2. Snowber v. LoebAppellate Terms of the Supreme Court of New York · 1912
  3. Wilson v. RosenthalAppellate Division of the Supreme Court of the State of New York · 1912

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