¶1The judgment is affirmed on the opinion of the referee. All concur, except LAUGHRIN, J., who dissents upon the grounds of error in allowing recovery for items not embraced in bill of particulars, and for incompetent and insufficient proof of reasonable cost of making required repairs.
102 N.Y.S. 2
Appleton v. Marx
Appellate Division of the Supreme Court of the State of New York
Decided January 11, 1907
Appellate Division of the Supreme Court of the State of New York · decided 1907-01-11
Action by William W. Appleton and another, trustees under the will of James E. Cooley, deceased, against Max Marx. ■ From a judgment for plaintiffs, entered on- report of a referee, defendant appeals. Affirmed. The opinion of the referee is as follows: It is admitted by the defendant that he has failed to pay to the plaintiffs the sum of $1,000, part of the rent which became due by the terms of the lease on the 1st day of April, 1902.
Cited by 3 later decisions — most recently February 1969
3 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1907-01-11
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