Legal Opinion

Weed v. Carswell

Appellate Terms of the Supreme Court of New York

Decided December 15, 1921PublishedCited by 2 opinions

Appeal by plaintiffs from a judgment of the Municipal Court of the city of Nev> York, borough of Queens, fourth district, dismissing plaintiffs’ complaint. The action was to recover the sum of $721.20, alleged to be the reasonable value of the use and occupation of premises from the 10th day of December, 1920, to the 5th day of May, 1921.

1Opinion of the CourtKelby, J.

The complaint set up the ownership in the plaintiffs of the premises, and that on or about the 30th day of October, 1918, by a lease in writing then made between the plaintiffs and the defendant, the plaintiffs let to the said, defendant the entire house and premises, known as No. 61 Sanford avenue, Flushing, for the term of two years then next ensuing from the 2d day of November, 1918, at the yearly rent of $1,050, payable in equal monthly payments *545of $87.50 in advance, and in and by said lease defendant agreed that at the expiration of said term he would quit and surrender the premises. It…

2Cases cited4 opinions

  1. Despard v. . WalbridgeNew York Court of Appeals · 1857
  2. Amsden v. FloydSupreme Court of Vermont · 1888
  3. Rogan v. WeissAppellate Terms of the Supreme Court of New York · 1921
  4. A. C. & H. M. Hall, Realty Co. v. MoosAppellate Terms of the Supreme Court of New York · 1921

3Cited by2 opinions

  1. Giampaolo v. AnatraCity of New York Municipal Court · 1948
  2. Breslaw v. Rightmire, New York County Courts1922

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