Pikeway Realty Corp. v. Cohen
Appellate Division of the Supreme Court of the State of New York
Appeal from Municipal Court, Borough of Manhattan, First District. Action by the Pikeway Realty Corporation against David W. Cohen. From the judgment for defendant, plaintiff appeals. Modified.
1Opinion of the CourtBijur, J.
Plaintiff sued for rent due January 1, 1914, under a lease. The premises were destroyed by fire on the following day, and the tenant moved out.
The respondent on this appeal suggests neither argument nor authority sustaining the judgment, which must be modified on the authority of Brunswick-Balke-Collender Co. v. Wallace, 65 Misc. Rep. 27, 119 N. Y. Supp. 287, by increasing the same to the sum of $116.50, with appropriate costs in the court below and costs of this appeal to the plaintiff appellant. All concur.
2Cases cited1 opinion
- Brunswick - Balke - Collender Co. v. WallaceAppellate Terms of the Supreme Court of New York · 1909