Appellate Division of the Supreme Court of New York, 1927

Nadien v. Stein

Nadien v. Stein
Appellate Division of the Supreme Court of New York · Decided January 15, 1927
219 A.D. 730
Nadien v. Stein

Opinion of the Court

Judgment reversed on the law and the facts, and new trial granted, costs to appellant to abide the event, upon the ground there is no proof in the case of what the essential terms of a “ net lease ” are, and that such terms are usual and customary, without which there could be no meeting of the minds of the parties. The testimony given by several of the witnesses in respect of such leases did not show the essential terms of a lease. Kelly, P. J., Manning, Young, Kapper and Lazansky, JJ., concur.

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