Appellate Terms of the Supreme Court of New York, 1901

Hubener v. Frick

Hubener v. Frick
Appellate Terms of the Supreme Court of New York · Decided February 15, 1901 · Andrews
34 Misc. 771

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.

O’Gorman and Blanchard, JJ., concur.

Judgment affirmed, with costs.

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