Legal Opinion

Daly v. Piza

Appellate Terms of the Supreme Court of New York

Decided December 15, 1904PublishedCited by 1 opinion

Appeal from a judgment of the City Court of the city of Hew York, entered on the verdict of a jury, in favor of the plaintiff, and from an order denying defendant’s motion for a new trial.

1Opinion of the CourtGildersleeve, J.

This action is brought by a tenant against her landlord to recover damages for the breach of 'an alleged collateral oral agreement. The complaint alleges that the defendant agreed that, in consideration of the signing by plaintiff of a lease of No. 132 West Sixty-fourth *609street, in this city, for the term of one year, from October 1, 1901, he would complete repairs to said premises before the said 1st day of October, 1901. The defendant denies the existence of any such agreement. The written lease was duly executed, and is in the usual full form. It is dated September 4, 1901, and provides for…

2Cases cited3 opinions

  1. Hexter v. . KnoxNew York Court of Appeals · 1876
  2. Clenighan v. McFarlandNew York Court of Common Pleas · 1890
  3. Van Derhoef v. HartmannAppellate Division of the Supreme Court of the State of New York · 1901

3Cited by1 opinion

  1. Cochran v. WidraOhio Court of Appeals · 1931

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