Wall v. . Hess
New York Court of Appeals
Appeal from a judgment, entered January 5, 1921, upon an order of the Appellate Division of the Supreme Court in the first judicial department which reversed an order of the court at a Trial Term setting aside a verdict in favor of plaintiff and granting a new trial and directed the reinstatement of said verdict.
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Appeal from a judgment, entered January 5, 1921, upon an order of the Appellate Division of the Supreme Court in the first judicial department which reversed an order of the court at a Trial Term setting aside a verdict in favor of plaintiff and granting a new trial and directed the reinstatement of said verdict. The defendant, under the terms of the covenant contained in the lease, was not obligated to pay and discharge those taxes which did not become due and payable, or a lien upon the premises, during the continuance of his lease. (Ward v. Union Trust Co., 224 N. Y. 73; Morris v. Suerken,…
1Opinion of the CourtPound, J.
This is an action against a tenant to recover unpaid rent of premises in the city of New York and taxes thereon according to the terms of a written lease. On the trial the court directed judgment for the plaintiff, but afterwards set the verdict aside and ordered a new trial because plaintiff refused to stipulate to reduce the recovery by $1,472.53, being the amount of taxes for the year 1917, with interest. The Appellate Division reversed the order and reinstated the verdict.
The lease was for a term of fifteen years, eight months from the 1st day of September, 1901, ending on the 30th day of…
2Cases cited2 opinions
- Ward v. . Union Trust Co.New York Court of Appeals · 1918
- Ogden v. GettyAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by21 opinions
- L. P. Hollander Co.Massachusetts Supreme Judicial Court · 1938
- Apex Leasing Co. v. White Enamel Refrigerator Co.Appellate Division of the Supreme Court of the State of New York · 1922
- Credit Exchange, Inc. v. 461 Eighth Avenue AssociatesNew York Court of Appeals · 1987
- Big Four Realty Corp. v. Belnord GarageAppellate Terms of the Supreme Court of New York · 1931
- Lewis v. PetersenNew York Court of Appeals · 1925
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