Winthrop v. Ballenzweig

Appellate Terms of the Supreme Court of New York

Winthrop v. Ballenzweig

94 N.Y.S. 1166

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 22, 1905

StatusPublished

This text of 94 N.Y.S. 1166 (Winthrop v. Ballenzweig) 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

Winthrop v. Ballenzweig, 94 N.Y.S. 1166 (N.Y. Ct. App. 1905).

Pincite

Opinion

PER CURIAM.

The learned justice seems to have thought that this was an action to recover the amount of unpaid taxes. In fact, it was a proceeding to dispossess for nonpayment [1167]*1167bf taxes. There was no adequate proof of the tenant’s assertion that he had been authorized to spend something for repairs and offset it against the taxes; but, even if that claim had been allowed, his expenditures did not equal the taxes, and the landlord’s right to a final order was established. There was nothing to submit to the jury. The so-called judgment must be reversed, with costs to the appellant, and the cause remitted to the Municipal Court for trial and disposition as a summary proceeding.

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PER CURIAM.

The learned justice seems to have thought that this was an action to recover the amount of unpaid taxes. In fact, it was a proceeding to dispossess for nonpayment [1167]*1167bf taxes. There was no adequate proof of the tenant’s assertion that he had been authorized to spend something for repairs and offset it against the taxes; but, even if that claim had been allowed, his expenditures did not equal the taxes, and the landlord’s right to a final order was established. There was nothing to submit to the jury. The so-called judgment must be reversed, with costs to the appellant, and the cause remitted to the Municipal Court for trial and disposition as a summary proceeding.

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Bluebook (online)

94 N.Y.S. 1166, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winthrop-v-ballenzweig-nyappterm-1905.