9 Misc. 710
Decided July 1, 1894
New York City Court · decided 1894-07-01
Action for rent upon an express verbal renewal of a lease for a year from May 1, 1892. Defense, that the hiring was by the month. Defendant vacated the premises about December 6, 1892, and plaintiff was unable to let them until March 1, 1893. The action was brought to recover the rent for the months of October, November and December, 1892, and January and February, 1893, at fifty dollars per month. The verdict in plaintiff’s favor was for $150.
Relies on Niebuhr v. . Schreyer
Decided 1894-07-01
¶1The exceptions were taken in general language. Counsel, if he claimed that there could be no recovery for use and occupation under the pleadings, should have specifically stated the ground of his objection. Niebuhr v. Schreyer, 135 N. Y. 614.
¶2The judgment and order denying new trial shpuld be affirmed, with costs.
¶3Present: Clement, Ch. J., and Van Wyck, J.
¶4Judgment and order denying new trial affirmed, with costs.