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Appellate Division of the Supreme Court of New York, 1914

Pikeway Realty Corp. v. Cohen

Pikeway Realty Corp. v. Cohen
Appellate Division of the Supreme Court of New York · Decided November 19, 1914 · Bijur
150 N.Y.S. 23 (New York Supplement)

Counsel

Sol A. Cohn, of New York City, for appellant., Charles Tolleris, of New York City, for respondent.

Pikeway Realty Corp. v. Cohen

Opinion of the Court

BIJUR, J.

Plaintiff sued for rent due January 1, 1914, under a lease. The premises were destroyed by fire on the following day, and the tenant moved out.

The respondent on this appeal suggests neither argument nor authority sustaining the judgment, which must be modified on the authority of Brunswick-Balke-Collender Co. v. Wallace, 65 Misc. Rep. 27, 119 N. Y. Supp. 287, by increasing the same to the sum of $116.50, with appropriate costs in the court below and costs of this appeal to the plaintiff appellant. All concur.

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