Peck v. French

105 N.Y.S. 1135 Court N.Y. App. Div. Decision date 1907-05-28 English

Contents

Majority

p. 1135

PECK, Appellant, v. FRENCH, Respondent.

(Supreme Court, Appellate Division, Fourth Department.

May 28, 1907.)

Headnote

Action by Fannie F. Peck against Annie E. French.

Judgment and order reversed, and new trial ordered, with costs to the appellant to abide the event. Held, that the question whether the defendant was a subtenant or assignee of the lease was a question of fact for the jury.

KRUSE and ROBSON, JJ., dissent.