Winthrop v. Ballenzweig

Appellate Terms of the Supreme Court of New York

Winthrop v. Ballenzweig

94 N.Y.S. 1166

Appellate Terms of the Supreme Court of New York·Decided June 22, 1905·Published

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.

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

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.

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

Pincite

94 N.Y.S. 1166 (Winthrop v. Ballenzweig) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.