Kerwin v. MacMaster

Appellate Terms of the Supreme Court of New York

Kerwin v. MacMaster

108 N.Y.S. 1016

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 5, 1908

StatusPublished

This text of 108 N.Y.S. 1016 (Kerwin v. MacMaster) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kerwin v. MacMaster, 108 N.Y.S. 1016 (N.Y. Ct. App. 1908).

Pincite

Opinion

PER-CURIAM.

Concededly the defendant was in possession under a lease to continue until September 1st. Her possession was in no way disturbed, yet, because displeased with what she considered the arbitrary action of the landlord' in refusing a renewal after September 1st, she left the premises in July, and has successfully resisted [1017]*1017a suit for the agreed rental. We fail to find any evidence in the record which would indicate a defense to the landlord’s cause of action, and the judgment for the defendant is quite without warrant in law upon the undisputed facts.

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

Free access — add to your briefcase to read the full text and ask questions with AI

PER-CURIAM.

Concededly the defendant was in possession under a lease to continue until September 1st. Her possession was in no way disturbed, yet, because displeased with what she considered the arbitrary action of the landlord' in refusing a renewal after September 1st, she left the premises in July, and has successfully resisted [1017]*1017a suit for the agreed rental. We fail to find any evidence in the record which would indicate a defense to the landlord’s cause of action, and the judgment for the defendant is quite without warrant in law upon the undisputed facts.

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

Cite This Page — Counsel Stack

Bluebook (online)

108 N.Y.S. 1016, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kerwin-v-macmaster-nyappterm-1908.