Legal Opinion

Williamsburgh Power Co. v. Shotten

Appellate Terms of the Supreme Court of New York

Decided December 15, 1916PublishedCited by 3 opinions

Appeal by plaintiff from a judgment of the Municipal Court of the city of Few York, borough of Brooklyn, third district, rendered June 28, 1916, in favor of defendants, dismissing the complaint on the merits, with fifteen dollars costs and disbursements, after a trial by the court without a jury.

1Opinion of the CourtBenedict, J.

This action was to recover $194.57 for “ breach of covenant of a lease.” The complaint was oral, the answer written. The bill of particulars filed stated that the action was brought to recover a sum equal to one-seventh of the cost of a fire alarm system installed in the plaintiff’s building under orders from the bureau of fire prevention of the fire department of the city of New York. Defendant was the tenant occupying the seventh loft of the building in question.

Only a question of law is involved in this appeal, as all the material facts were stipulated in writing, and no oral testimony was…

2Cases cited3 opinions

  1. Hull v. BurnsCity of New York Municipal Court · 1885
  2. Buhler v. GibbonsCity of New York Municipal Court · 1889
  3. Seymour v. PicusNew York Court of Common Pleas · 1894

3Cited by3 opinions

  1. Pross v. Excelsior Cleaning & Dyeing Co.City of New York Municipal Court · 1920
  2. Davis Bros. Realty Corp. v. HarteAppellate Terms of the Supreme Court of New York · 1920
  3. 10 Suf Realty, Inc. v. Irving FinsCity of New York Municipal Court · 1951

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