Kaiser v. Zeigler
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the Municipal Court of the city of New York, borough of Queens, second district, entered in favor of the plaintiff after a trial before the court without a jury.
1Opinion of the CourtCropsey, J.
No proof was taken on the trial. The case was submitted for decision upon the statements of counsel. For the purposes of this appeal, the facts as stated below by appellant’s attorney must be accepted as true. Adler v. Miles, 69 Misc. Rep. 601, 603.
The action is for rent under a sealed written lease. The lease is admitted; also the non-payment of the rent sued for. The defense is that before the Eighteenth Amendment to the Federal Constitution became effective the tenant, claiming that his lease-would be terminated when that amendment became operative, negotiated with his landlord for a new…
2Cases cited23 opinions
- McKenzie v. . HarrisonNew York Court of Appeals · 1890
- Coe v. . HobbyNew York Court of Appeals · 1878
- Houston Ice & Brewing Co. v. KeenanTexas Supreme Court · 1905
- Greil Bros. v. MabsonSupreme Court of Alabama · 1912
- Adler v. MilesAppellate Terms of the Supreme Court of New York · 1910
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3Cited by12 opinions
- Land Reclamation, Inc. v. Riverside CorporationOregon Supreme Court · 1972
- Colonial Operating Corp. v. Hannan Sales & Service, Inc.City of New York Municipal Court · 1942
- Canrock Realty Corp. v. Vim Electric Co.New York Supreme Court · 1942
- Schantz v. American Auto Supply Co.New York Supreme Court · 1942
- Bovin v. GalitzkaNew York Supreme Court · 1927
7 more not listed; retrieve them via the Exa API.