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Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York (Volume 118)

Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York (Volume 118)


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About the Book

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907. Excerpt: ... Third Department, March, 1907.-Vol. 118. Sewell, J.: The unchallenged facts are that the defendants leased to the plaintiff the first and second floors of their building for five months from December 1, 1904, at a monthly rental of seventy dollars, payable in advance; that the first month's rent was paid; that the lease was under seal, and embraced in it was a covenant that the plaintiff "shall and may peaceably and quietly have, hold and enjoy the said demised premises for the term aforesaid." It appears that it was understood and agreed that the keys would be left next door with some Italians, and would be there when the plaintiff wanted them; that the plaintiff made repeated efforts to obtain the keys, but was unable to do so or gain possession of the premises. It appears by the evidence of the plaintiff that on the twenty-fifth day of December one of the defendants said to him that the plumbing was frozen up and the expense would be $150, and that ""We cannot afford to let you go in there unless you pay half the expenses of this plumbing," and that the defendants refused to let him in unless he paid one half of the plumbing bill. The testimony of the plaintiff as to the efforts made to obtain possession was corroborated by the evidence of other witnesses, and we are unable to agree with the learned county judge in the statement that it was vague, unsatisfactory and contradictory. There was a conflict of evidence upon this question and as to whether the defendants refused to permit the plaintiff to occupy the premises, but we think the evidence was at least as strong and convincing in behalf of the plaintiff as of the contesting defendants. However that may be, there was not such a strong preponderance of proof in favor of the defendants as to warrant ...


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Product Details
  • ISBN-13: 9781154294286
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 418
  • Spine Width: 22 mm
  • Width: 189 mm
  • ISBN-10: 1154294285
  • Publisher Date: 01 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 744 gr


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Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York (Volume 118)
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