Legal Opinion · Concurrence
Ettlinger v. Kruger
Appellate Terms of the Supreme Court of New York
Decided May 15, 1912Published
Appeal from a judgment of the City 'Court of the city of Hew York in favor of the defendant, entered after a trial, upon the verdict of the jury, and from an order denying a motion for a new trial.
1Concurrence
Seabuby, J. (concurring).
I concur in the view that the judgment must be reversed. The Appellate Division has decided that, even if the landlord orally promised to release the tenant, and accepted rent from his assignee, these acts did not terminate the lease; 146 App. Div. 824. That decision is binding upon 'this court, and effect can only be given to it by the reversal of this judgment.
Page, J., concurs. '
Judgment reversed and new trial ordered, with costs to appellant to abide event.
2Cases cited1 opinion
- Ettlinger v. KrugerAppellate Division of the Supreme Court of the State of New York · 1911