Halbe v. Adams

Appellate Division of the Supreme Court of the State of New York

Decided April 14, 1916

Appellate Division of the Supreme Court of the State of New York · decided 1916-04-14

<p>Appeal by the defendants, Samuel Adams and another, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 29th day of October, 1915, denying their motion for judgment on the pleadings consisting of a complaint, amended answer and reply.</p>

Decided 1916-04-14

McLaughlin, J.:

¶1This appeal is from an order denying a motion for judgment on the pleadings.

¶2The action was brought to recover rent alleged to be due for the month of April, 1915, and the questions presented are the same as those considered in Halbe v. Adams, No. 1 (172 App. Div. 186), decided herewith.

¶3For the reasons stated in the opinion in that case the order here appealed from is affirmed, with ten dollars costs and disbursements.

¶4Clarice, P. J., Smith and Davis, JJ., concurred; Dowling, J., dissented.

¶5Order affirmed, with ten dollars costs and disbursements.