Legal Opinion

Flanagan v. MacNutt

New York Supreme Court

Decided September 9, 1908Published

Action by one Flanagan against one MacNutt

1Opinion of the CourtBischoff, J.

The plaintiff urges his right to a renewal of the lease, the lessor’s waiver of noncompliance with certain conditions thereof, and the absence of equity powers in the Municipal Court as grounds for injunctive relief against a final order for the lessor in summary proceedings brought to recover the possession of the demised premises for holding over. . The right to a renewal and waiver of the breach of conditions, however, while not available to the plaintiff in the Municipal Court for the purposes of affirmative relief, were none the less so as equitable defenses which the court was…

2Cases cited1 opinion

  1. Pelgram v. EhrenzweigAppellate Terms of the Supreme Court of New York · 1908

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