Kosower v. Sandler
Appellate Terms of the Supreme Court of New York
Reabgument of appeal from final order in summary proceedings, made in favor of the tenant by the justice of the Municipal Court of the city of New York, fourth district, borough of Manhattan.
1Per curiam
While errors were committed at the trial, as pointed out in the opinion rendered upon the appeal, these errors would appear, upon further examination, to offend no substantial right of the appellant, since the final order was necessarily rendered in favor of the tenant-respondent, in view of the defense of an estoppel by former adjudication. This defense involved no controverted facts, and the legal effect of the evidence was to conclude the case against the landlord; hence, errors in the course of the litigation of other issues could not well have affected the result.
The landlord sought to…
2Cases cited3 opinions
- Carleton v. . Lombard, Ayres Co.New York Court of Appeals · 1896
- Prescott v. Le ConteAppellate Division of the Supreme Court of the State of New York · 1903
- Goerl v. DamrauerAppellate Terms of the Supreme Court of New York · 1899