Dancy v. Walz
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles E. Dancy, Jr., from a judgment oE the Supreme Court in favor of the defendant, entered in the office of the.clerk of the county of Richmond on the 19th day of* April, 1905, upon the dismissal of the complaint at the opening of plaintiff’s case, upon a trial at the Richmond Trial Term.
1Opinion of the Court
Hirschberg, P. J.:
The complaint was .properly dismissed as it fails to state a cause of action. It alleges in substance that the defendant is the owner of certain premises in the borough of Manhattan, in which the plaintiff leased an apartment for himself and family at an agreed monthly rental, and in which he continued as a tenant from month to month until May, 1904. It further alleges that the apartment was heated by steam supplied by the defendant; that. in consideration of, the rental the defendant agreed to supply steam to heat the apartment comfortably, and that in the middle of the…
2Cases cited3 opinions
- Frank v. MandelAppellate Division of the Supreme Court of the State of New York · 1902
- Eschbach v. HughesNew York Court of Common Pleas · 1894
- O'Gorman v. TeetsAppellate Terms of the Supreme Court of New York · 1897
3Cited by2 opinions
- Revell v. Illinois Merchants Trust Co.Appellate Court of Illinois · 1925
- Jacob New Realty Co. v. Noxall Shirt Co.Appellate Terms of the Supreme Court of New York · 1918