Baerlein v. Winter
Appellate Terms of the Supreme Court of New York
Appeal by defendant from a judgment of the Municipal Court of the city of New York, borough of Manhattan, seventh district, in favor of plaintiff, after trial by the court without a jury.
1Per curiam
The plaintiff, as receiver in a foreclosure action, recovered herein a judgment for rent, which, the defendant lessee contends, cannot be sustained for the reason that there was no proof of attornment as required by the decision of the majority of this court in McDonald v. Cohen, 65 Misc. Rep. 489, approved and followed by the Appellate Division, second department, in Henry v. Hirsch, 140 App. Div. 893. The receiver pleaded a final order of dispossession obtained by him in summary proceedings against the tenant, which, if proved, would have made unnecessary any discussion of the question of…
2Cases cited3 opinions
- Commonwealth Mortgage Co. v. De WaltoffAppellate Division of the Supreme Court of the State of New York · 1909
- McDonald v. CohenAppellate Terms of the Supreme Court of New York · 1909
- Henry v. HirschAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by2 opinions
- Olive v. LevyAppellate Division of the Supreme Court of the State of New York · 1922
- O'Brien v. BrodyCity of New York Municipal Court · 1932