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Kaye v. Stern

149 N.Y.S. 1089 Court N.Y. App. Div. Decision date 1914-10-30 Docket No. 6247 English

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p. 1089
KAYE v. STERN.
(No. 6247.)
(Supreme Court, Appellate Division, First Department.
October 30, 1914.)

Headnote

Appeal from Appellate Taim, First Department. Action by Charles Kaye against Emil Stern. From a determination of the Appellate Term, affirming a )udg-
p. 1090
ment for plaintiff, defendant appeals. Affirmed. See, also, 144 N. Y. Supp. 160 . A. B. Nathan, of New York City, for appellant. B. M. Kaye, of New York City, for respondent.

There was evidence which iustified the jury in finding that the defendant made a personal promise to the plaintiff to pay the rent of the premises while he was in p05session. The question as to whether or not such a promise was made was submitted to the jury, and their verdict in favor of the plaintiff was justified by the evidence. The determination of the Appellate Term must be affirmed, with costs.