Shattuck v. Buek
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles Buek, from an order and determination of the Appellate Term of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 7th day of February, 1913, affirming a judgment of the City Court of the city of New York in plaintiff’s favor and an order denying defendant’s motion for a new trial.
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Appeal by the defendant, Charles Buek, from an order and determination of the Appellate Term of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 7th day of February, 1913, affirming a judgment of the City Court of the city of New York in plaintiff’s favor and an order denying defendant’s motion for a new trial. An appeal is also taken from the judgment entered in the office of the clerk of the City Court of the city of New York on the 11th day of February, 1913, which affirmed the judgment already entered therein. The trial in…
1Opinion of the Court
Scott, J.:
On August 29, 1901, defendant leased to one A. E. Rogers a house, etc., on G-ramercy Park at the yearly rent of $4,500, payable $375 per month.
The lease contained the following clause: “Three months rent, namely Eleven hundred and Twenty-five dollars ($1125) shall be paid upon the execution and delivery of this lease, of which $375 shall apply upon the first month’s rent of the term hereby granted; and the balance $750 shall be retained by the lessor as a guaranty fund to be applied upon the rent of the last two months of the said term, upon which Q% interest shall be allowed.” One…
2Cited by6 opinions
- Purfield v. KathraneCivil Court of the City of New York · 1973
- Friedman v. IsaacsAppellate Terms of the Supreme Court of New York · 1929
- Day & Night Garage Co. v. Promin Engineering Corp.Appellate Terms of the Supreme Court of New York · 1932
- Goodale Real Estate Corp. v. Subridge Holding Corp.City of New York Municipal Court · 1931
- Keusch v. MorrisonCity of New York Municipal Court · 1932
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