Distributers' Realty Co. v. Levinsohn
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, First District. Action by the Distributers’ Realty Company against Edward Eevinsohn. From a judgment for defendant, plaintiff appeals. Reversed, and judgment directed for plaintiff. Argued December term, 1913, before SEABURY, GUY, and BI-JUR, JJ.
1Opinion of the CourtGuy, J.
This action was brought to recover rent for July, 1913, under a lease making the rent payable on the 1st day of each month. The defense was that the defendant surrendered the demised premises on June 16, 1913, and was justified in doing so because of lack of promised repairs and untenantable condition. The lease was executed May 31, 1913; it contained no covenant on the landlord’s part to make any repairs.
Defendant took the stand and, over objection and exception, testified to conversations with plaintiff’s agent and contractor before the execution of the lease, tending to show that plaintiff…
Also in this document: Concurrence.
2Cases cited5 opinions
- Van Derhoef v. HartmannAppellate Division of the Supreme Court of the State of New York · 1901
- Daly v. PizaAppellate Division of the Supreme Court of the State of New York · 1905
- Eisert v. AdelsonAppellate Division of the Supreme Court of the State of New York · 1910
- Greene v. KerAppellate Terms of the Supreme Court of New York · 1905
- Greene v. KerAppellate Terms of the Supreme Court of New York · 1905