Luxemburg v. Frumkes
This text of 186 Misc. 187 (Luxemburg v. Frumkes) 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.
Opinion
The landlord having made out a prima facie case, it was error to dismiss at the close of her case. The burden of establishing the defense of res judicata was upon the tenant. (Grifen v. Keese, 187 N. Y. 454, 464; Reynolds v. Aetna Life Ins. Co., 160 N. Y. 635, 651; Carter v. Beckwith, 128 N. Y. 312, 323.) There were new facts claimed to have occurred since the former trial which went to the question of the landlord’s good faith and immediate compelling necessity.
[189]*189The final order should be unanimously reversed upon the law and new trial granted, with $10 costs to the landlord to abide the event.
MacCrate, Smith and Steinbbink, JJ., concur.
Order reversed, etc.
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Cite This Page — Counsel Stack
186 Misc. 187, Counsel Stack Legal Research, https://law.counselstack.com/opinion/luxemburg-v-frumkes-nyappterm-1948.