Appellate Terms of the Supreme Court of New York, 1900

Hubener v. Frick

Hubener v. Frick
Appellate Terms of the Supreme Court of New York · Decided February 25, 1900 · Andrews
68 N.Y.S. 1140 (New York Supplement)

Counsel

Wilson, Bennett & Underhill, for appellants., Pannes & Eberhardt, for respondent.

Hubener v. Frick

Opinion of the Court

ANDREWS, P. J.

This is an appeal from a judgment of the Fifth district municipal court in favor of the defendant. The only question presented by the appeal is whether the writing sued on can be treated as a lease, so as ,to support an action thereon for rent. The municipal court held that the writing in question was not a lease, but an agreement for a lease; and I am clearly of the opinion that such decision was correct, and that the judgment should be affirmed, with costs.

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