Halbe v. Adams
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William A. Halbe, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 28th day of June, 1916, upon the decision of the court after a trial at the New York Special Term of the issues arising upon the equitable counterclaim in the second amended answer. The judgment appealed from ordered, among other things, that a lease be reformed nunc pro tunc.
1Opinion of the Court
Page, J.:
The action is to recover a monthly installment of rent claimed to be due under a written lease of certain premises in the county of New York for a term of twenty-six years from the 4th day of February, 1897. The defendants interposed an amended answer, in which they admitted the making of the lease, and *590that they entered into possession thereunder, and that the rent for which the action was brought had not been paid, but denied the allegations of performance by the plaintiff and his predecessor and non-performance by the defendants, and set forth a separate defense, among others,…
2Cases cited5 opinions
- Pitcher v. . HennesseyNew York Court of Appeals · 1872
- Heywood v. . the City of BuffaloNew York Court of Appeals · 1856
- Mead v. . Westchester Fire Insurance Co.New York Court of Appeals · 1876
- Halbe v. AdamsAppellate Division of the Supreme Court of the State of New York · 1916
- McElroy v. Floral Park Villa Co.Appellate Division of the Supreme Court of the State of New York · 1916
3Cited by8 opinions
- Varon v. Trimble, Marshall & Goldman, P.C. (In Re Euro-Swiss International Corp.)United States Bankruptcy Court, S.D. New York · 1983
- Bulkley v. Rouken Glen, Inc.Appellate Division of the Supreme Court of the State of New York · 1928
- Howard Stores Corp. v. Robison Rayon Co.Appellate Terms of the Supreme Court of New York · 1970
- Attolino v. StowAppellate Division of the Supreme Court of the State of New York · 1955
- Ocheo Realty Corp. v. Sev Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1923
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