Minturn v. Green — 207 N.Y. 738

Majority

p. 738

Robert S. Minturn, Respondent, v. Samuel Green, Appellant.

Headnote

Minturn v. Green, 146 App. Div. 878 , affirmed.

(Argued February 7, 1913;

decided February 25, 1913.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first, judicial department, entered July 13, 1911, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action to recover rent alleged to be due under a lease to which a counterclaim had been interposed asking for a reformation of the lease on the ground

p. 739

of fraud and duress, for a reduction of the rent and for an accounting.

Alexander Rosenthal and David Steckler for appellant.

George L. Shearer for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Willard Bartlett, Hiscock, Cuddeback, Hogan and Miller, JJ.