Mudge v. West End Brewing Co. — 207 N.Y. 696

Majority

p. 696

William H. Mudge, Appellant, v. The West End Brewing Company, Respondent.

Headnote

Mudge v. West End Brewing Co., 145 App, Div. 28 , affirmed.

(Argued January 10, 1913;

decided January 28, 1913.)

Appeal from'a judgment of the Appellate Division of the Supreme Court in the third judicial department,

p. 697

entered June 1, 1911, affirming a judgment in favor of defendant entered upon a decision of the court at a Trial Term without a jury in an action by landlord against tenant to recover damages for breach of the conditions of a lease and also to recover damages alleged to have been occasioned through the conviction of a sub-lessee of defendant of allowing gambling on the leased premises which prevented plaintiff under the Liquor Law of the state from leasing the premises for a saloon for a period of eleven months from the expiration of defendant’s lease.

W. W. Wemple and Alonzo P. Strong for appellant.

Henry V. Borst and Edward D. Cutler for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Werner, Willard Bartlett, Hiscock, Chase, Collin and Hogan, JJ.