Appellate Terms of the Supreme Court of New York, 1908

Hermitage Co. v. Roos

Hermitage Co. v. Roos
Appellate Terms of the Supreme Court of New York · Decided June 5, 1908
110 N.Y.S. 976 (New York Supplement)

Counsel

Albert H. Atterbury, for appellant., M. E. Duffy, for respondent.

Hermitage Co. v. Roos

Opinion of the Court

PER CURIAM.

Action for one month’s rent. Answer, general denial and eviction. The latter defense was sought to be shown by evidence that the premises were insufficiently heated. The record fails to disclose preponderating proof in that direction. Indeed, plaintiff’s testimony outweighs that of the defendant.

Judgment reversed, and new trial ordered, with costs to appellant to abide the event.

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