Lodge v. Martin
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mary A. Lodge, from so much of an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York °on the .28th day of March, 1898, upon the decision of the court rendered after a trial at the New York Special Term, as overrules her demurrer to a portion of the defendant's answer, and also from an order entered in said clerk’s office on the 28th day of March, 1898, directing the…
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Appeal by the plaintiff, Mary A. Lodge, from so much of an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York °on the .28th day of March, 1898, upon the decision of the court rendered after a trial at the New York Special Term, as overrules her demurrer to a portion of the defendant's answer, and also from an order entered in said clerk’s office on the 28th day of March, 1898, directing the entry of said judgment.
1Opinion of the Court
McLaughlin, J.:
This action was brought to recover rent for the use and occupation of certain real estate situate in the city of New York. The answer admits the hiring, use and occupation by the defendant of the premises, but alleges as a defense that, by virtue of an act of the Legislature, and proceedings taken thereunder, the plaintiff was, prior to the time the rent accrued, divested by an order of the Supreme Court “ of all her right, title and interest of, in and to the premises in the complaint described, and of and from all right and title to the rent thereof, and that an award for…
2Cases cited3 opinions
- Despard v. . WalbridgeNew York Court of Appeals · 1857
- Jackson ex dem. Russell v. RowlandNew York Supreme Court · 1831
- Corrigan v. City of ChicagoIllinois Supreme Court · 1893
3Cited by10 opinions
- Fifth Avenue Building Co. v. . KernochanNew York Court of Appeals · 1917
- Taylor v. StateNew York Court of Claims · 1910
- Bahouth v. StateNew York Court of Claims · 1961
- Lentino v. MalteseNew York District Court · 1962
- Rural Publishing Co. v. KatzmanAppellate Division of the Supreme Court of the State of New York · 1921
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