Rosenbaum v. Greenbaum

Appellate Terms of the Supreme Court of New York

Rosenbaum v. Greenbaum

31 Misc. 787, 65 N.Y.S. 212

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 15, 1900

StatusPublished

This text of 31 Misc. 787 (Rosenbaum v. Greenbaum) 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

Rosenbaum v. Greenbaum, 31 Misc. 787, 65 N.Y.S. 212 (N.Y. Ct. App. 1900).

Pincite

Opinion

Per Guriam.

The defendant conceded an indebtedness to the plaintiff for the rent of the premises in question in a sum less [788]*788than the amount claimed, and alleged a tender of such sum to the plaintiff. It appears, however, that the tender was not made good by deposit of the money with the clerk of the court. The justice, therefore, erred in dismissing the complaint. He should at least have awarded judgment in favor of the plaintiff for the conceded amount. The judgment must, therefore, be reversed.

Present: Beekman, P. J., Giegerioh and O’Gorman, JJ.

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

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Per Guriam.

The defendant conceded an indebtedness to the plaintiff for the rent of the premises in question in a sum less [788]*788than the amount claimed, and alleged a tender of such sum to the plaintiff. It appears, however, that the tender was not made good by deposit of the money with the clerk of the court. The justice, therefore, erred in dismissing the complaint. He should at least have awarded judgment in favor of the plaintiff for the conceded amount. The judgment must, therefore, be reversed.

Present: Beekman, P. J., Giegerioh and O’Gorman, JJ.

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

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Bluebook (online)

31 Misc. 787, 65 N.Y.S. 212, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosenbaum-v-greenbaum-nyappterm-1900.