Louis K. Liggett Co. v. Broadway-John Street Corp.

This action is for accrued rent under a lease covering all of a building known as 200 Broadway, in the city of New York, excepting the store. The defendant denied the allegations of the complaint that a lease was made of “ a commercial building known as Number 200 Broadway.” Plaintiff moved unsuccessfully for judgment under rule 113 of the Rules of Civil Practice. Its affidavits show the making of the lease of the building, except the store, and the failure to pay the accrued rent therein stipulated. The defendant seeks to justify its denial and its complete failure to show any vestige of a…