Appellate Terms of the Supreme Court of New York, 1906

Friedman v. Yamner

Friedman v. Yamner
Appellate Terms of the Supreme Court of New York · Decided January 17, 1906 · Scott
97 N.Y.S. 357 (New York Supplement)

Counsel

Max Brown, for appellant., Emanuel I. Silberstein, for respondent.

Friedman v. Yamner

Opinion of the Court

SCOTT, P. J.

I can find no evidence that a lease was made for a year. - The evidence of the witness Harry Friedman, where he gives in detail the conversation with defendant, shows a monthly letting. This cannot be changed to a lease for a year by the witness’ conclusion in another part of his testimony that the defendant took a verbal lease for a year. This is merely the construction he puts on the conversation, which he detailed previously, and which shows a monthly letting.

The complaint should have been dismissed, and the judgment should be reversed, and a new trial ordered, with costs to appellant to abide the event. All concur.

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