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Schulman v. Schick

243 N.Y. 627 Court N.Y. Decision date 1926-10-22 English

Contents
p. 627
Herman 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.