Morgenthau v. Ehrich
Appellate Terms of the Supreme Court of New York
Appeal by defendant from a judgment in favor of plaintiff entered in the Municipal Court of the city of Hew York, borough of Manhattan, fifth district, after trial by a judge, the jury having been discharged.
1Opinion of the CourtBijur, J.
Plaintiff sued for an instalment due on account of rent of a furnished house on Long Island, rented by plaintiff to defendant for the winter season. The decision involved the denial of defendant’s counterclaim for part of the rent paid in advance and other items.
*140Defendant’s contention is that the house and furniture were found, upon his taking possession, to he overrun with vermin to such extent as to make the premises untenantable, and the beds and other furniture in particular unavailable.
The evidence shows that plaintiff, after having occupied the house all summer, vacated it on or about…
2Cases cited4 opinions
- Franklin v. . BrownNew York Court of Appeals · 1889
- Daly v. . WiseNew York Court of Appeals · 1892
- Edwards v. . McLeanNew York Court of Appeals · 1890
- Ash v. MeeksAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by2 opinions
- Mayers v. KugelmanSuffolk County District Court · 1975
- Bartindale v. AdamsAppellate Terms of the Supreme Court of New York · 1912