Thirty-Five Forty Thirtieth Street Corp. v. Straub Furniture Delivery Co.

Plaintiff sues to recover rent for the month of March, 1961 in the amount of $1,800. Defendant asserts no liability under the lease executed by the parties and counterclaims for the return of security of $3,600.

A prior trial of this action before a jury resulted in an inconsistent verdict, the result of which the case was retried before me upon a waiver of a jury and a stipulation of facts.

The lease provided that the premises were let to the defendant tenant to be used and occupied only for “ Offices, stock in trade, warehousing, shipping and receiving merchandise and other goods, furniture…