Legal Opinion

McDonald v. Ruggiero

Appellate Division of the Supreme Court of the State of New York

Decided March 4, 1910PublishedCited by 4 opinions

Appeal by the plaintiff, Margaret McDonald, from a judgment of the Municipal Court of the city of Mew York, borough of Brooklyn, in favor of the defendant, rendered on the 26th day of April, 1909, dismissing the plaintiff’s complaint.

1Opinion of the Court

Jenks, J.:

The plaintiff appeals from a judgment of the Municipal Court that dismisses the complaint at the close of the case. The action is to recover rent alleged to be due on April 1st, $150, pursuant to the lease between the parties. The plaintiff set forth the execution *700of the lease, her performance thereof, that the defendant had not. paid the rent due. April 1, $150, and further alleged that on August 1, 1908, $11 was due for.water rents which had not been paid.' The defendant denied the plaintiff’s performance, and denied that the rent “was strictly due and payable on April 1st, 1909,”…

2Cases cited2 opinions

  1. Boehm v. RichNew York Court of Common Pleas · 1885
  2. Case v. PorterfieldAppellate Division of the Supreme Court of the State of New York · 1900

3Cited by4 opinions

  1. Wilkesbarre Realty Co. v. PowellCity of New York Municipal Court · 1914
  2. Searing v. CohenCity of New York Municipal Court · 1948
  3. Haims v. RehmAppellate Terms of the Supreme Court of New York · 1910
  4. Haims v. RehmNew York Supreme Court · 1910

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