Reynolds v. Cohen
Appellate Division of the Supreme Court of the State of New York
Judgment of the Municipal Court affirmed, with costs.—Appeal from á judgment of the Municipal Court in favor of the plaintiff.
1Opinion of the Court
Woodward, J.:
Substantial justice appears to have been done in the present case. We are admonished by section 3063 of the Code of Civil Procedure, which governs in cases of this- character (Greater N. Y. Charter [Laws of 1897, chap. 378], § 1367), that “the appellate court must render judgment according to the justice of thé case, without regard to technical errors or defects which do not affect the merits.” The plaintiff’s cause of action comes to him by assignment from Henry D. Brookman, deceased, who was the lessor of certain premises in the city of New York to the defendant. The lease,…