Richards v. Littell
Appellate Terms of the Supreme Court of New York
'Appeal by defendant from a judgment of-the City Court, reversing an interlocutory judgment overruling a demurrer to a counterclaim and directing judgment in favor of the plaintiff for costs and execution therefor.
1Opinion of the CourtDaly, P. J.
The action was brought against the defendant as tenant of premises on the north side of One Hundred and Fifty-eighth street, 100 feet west of Gerard avenue, to recover for their use and occupation. The answer, for a separate defense ■and by way of counterclaim, avers that the defendant went into possession of the premises pursuant to' a contract with plaintiffs, whereby they agreed to convey the premises to him, and asks specific performance of the agreement and demands judgment decreeing the execution of a deed by plaintiff, etc.
The plaintiff demurred to the counterclaim on the ground that…
2Cases cited5 opinions
- McMahon v. . RauhrNew York Court of Appeals · 1871
- Rodgers v. EarleThe Superior Court of the City of New York and Buffalo · 1893
- Biershenk v. StokesNew York Court of Common Pleas · 1892
- Constant v. BarrettNew York Court of Common Pleas · 1895
- McMahon v. RauhrNew York Court of Common Pleas · 1869
3Cited by5 opinions
- DeVita v. PianisaniAppellate Terms of the Supreme Court of New York · 1926
- Geller v. Kings County Mortgage Co.Appellate Terms of the Supreme Court of New York · 1916
- Groff v. BlissAppellate Terms of the Supreme Court of New York · 1896
- Marcus v. AufsesCity of New York Municipal Court · 1902
- Malkemesius v. PaulyAppellate Terms of the Supreme Court of New York · 1896