Miller v. Greenspan

Judgment of the Municipal Court reversed and new trial ordered, costs to abide the event. Defendant was not entitled to a lien upon plaintiff’s safe for storage charges. (Merritt v. Peirano, 10 App. Div. 563.) While defendant may have a cause of action in tort for a trespass upon his premises, this claim is not the proper subject of counterclaim in this action. (Bernheimer v. Hartmayer, 60 App. Div. 316.) Jenks, P. J., Burr, Thomas, Carr and Woodward, JJ., concurred.