p. 627Herman Schulman, Respondent, v. Philip I. Schick, Appellant. (Submitted October 5, 1926; decided October 22, 1926.)
Headnote
Landlord and tenant — false representations — action to cancel lease and to recover damages arising from false representations of lessor.Schulman v. Schick, 215 App. Div. 846 , affirmed.
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department,
p. 628
entered January 20, 1926, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The action was brought to cancel a lease and to recover damages for alleged fraudulent representations by means of which plaintiff was induced to enter into the lease. The answer set up a counterclaim for rent and for the value of certain personal property alleged to have been retained by plaintiff.
Judgment affirmed, with costs;
Benjamin Berger for appellant. .
John L. Crandell for respondent.
no opinion.
Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.