Church v. MacNamara
New York County Courts
Appeal by defendants from a final order in summary proceedings of the city judge of Fulton, awarding possession of real property to the petitioner, Gertrude E. Church, for nonpayment of rent.
1Opinion of the CourtCovell, J.
The lease in question was in writing and under seal, and with the renewal privilege, which was exercised by the defendants, covered a period of *466ten years. There was no controversy over the amount of rent unpaid, but defendants alleged as a counterclaim a parol agreement under which the defendants MacNamara were authorized to make certain repairs and improvements upon the premises, the cost of which was to be allowed to them by the petitioner out of the rent before the lease expired. The amount of rent unpaid at the time of the commencement of the proceedings was $320.81, and the cost of the…
2Cases cited3 opinions
- Smith v. . KerrNew York Court of Appeals · 1888
- Lewis v. . SeaburyNew York Court of Appeals · 1878
- Eisert v. AdelsonAppellate Division of the Supreme Court of the State of New York · 1910