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34 Misc. 771

Hubener v. Frick

Appellate Terms of the Supreme Court of New York · decided 1901-02-15

<p>Appeal from a judgment of the Municipal Court of the city of New York, fifth district, borough of Manhattan, in favor of the defendant.</p>

Decided 1901-02-15

Andrews, P. J.

¶1This is an appeal from a judgment of the Fifth District Municipal Court, in favor of the defendant.

¶2The 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.

¶3The 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.

¶4O’Gorman and Blanchard, JJ., concur.

¶5Judgment affirmed, with costs.

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