Kennedy v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 18th day of November, 1907, upon the verdict of a jury rendered by direction of the court, as amended by an order entered in said clerk’s office on the 29th day of January, 1908, and also from an order entered in said clerk’s office on the 18th day of December, 1907, denying the defendant’s motion for…
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Appeal by the defendant, The City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 18th day of November, 1907, upon the verdict of a jury rendered by direction of the court, as amended by an order entered in said clerk’s office on the 29th day of January, 1908, and also from an order entered in said clerk’s office on the 18th day of December, 1907, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hooker, J.:
The plaintiff has had a judgment in this action for rent; but in view of our opinion that the defense of the former suit in bar should have prevailed, it must be reversed.
On December 31, 1891, plaintiff’s predecessor in title demised and leased to the former Long Island City, which later became merged in this defendant, certain premises therein, and the city covenanted to pay the rent monthly at the end of each month ; the city entered into possession under the lease, and at the expiration *90thereof held over and continued in possession of the premises during the year 1897; the…
2Cases cited6 opinions
- Secor v. . SturgisNew York Court of Appeals · 1858
- Pakas v. . HollingsheadNew York Court of Appeals · 1906
- Yates v. Fassett & WhitlockNew York Supreme Court · 1847
- Reformed Protestant Dutch Church of Westfield v. BrownNew York Supreme Court · 1869
- O'Beirne v. . LloydNew York Court of Appeals · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Goldberg v. Eastern Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1910