Hermitage Co. v. Roos

Appellate Terms of the Supreme Court of New York

Hermitage Co. v. Roos

110 N.Y.S. 976

Appellate Terms of the Supreme Court of New York·Decided June 5, 1908·Published

Opinion

PER CURIAM.

Action for one month’s rent. Answer, general denial and eviction. The latter defense was sought to be shown by evidence that the premises were insufficiently heated. The record fails to disclose preponderating proof in that direction. Indeed, plaintiff’s testimony outweighs that of the defendant.

Judgment reversed, and new trial ordered, with costs to appellant to abide the event.

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PER CURIAM.

Action for one month’s rent. Answer, general denial and eviction. The latter defense was sought to be shown by evidence that the premises were insufficiently heated. The record fails to disclose preponderating proof in that direction. Indeed, plaintiff’s testimony outweighs that of the defendant.

Judgment reversed, and new trial ordered, with costs to appellant to abide the event.

Hermitage Co. v. Roos, 110 N.Y.S. 976 (N.Y. Ct. App. 1908).

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