Trustees of the Sailors' Snug Harbor v. Sugarman

The plaintiff brought this action for rent for the months from December, 1939, to and including September, 1940, amounting to $825, with interest. Defenses of rescission based on fraud in the inducement to make the lease and of constructive eviction were interposed. Assuming but not deciding that the testimony in the case was sufficient to justify submitting the question of fraud in the inducement to the jury, we cannot determine that this verdict depended upon a finding of fraud and misrepresentation.

At the request of defendant’s counsel, the court charged that “ regardless even if they do…