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Hubener v. Frick

68 N.Y.S. 1140 Court N.Y. App. Term Decision date 1900-02-25 English

Delivered by ANDREWS, P. J.

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p. 1140
HUBENER et al., Appellants, v. FRICK, Respondent.
(Supreme Court, Appellate Term.
February 25, 1900.)

Headnote

Action by Louis Hubenor and another against Charles Frick. From a judgment in favor of defendant, plaintiffs appeal.
Affirmed.
Wilson, Bennett & Underhill, for appellants.
Pannes & Eberhardt, for respondent.

This is an appeal from a judgment of the Fifth district municipal court in favor of the defendant. The only question presented by the appeal is whether the writing sued on can be treated as a lease, so as ,to support an action thereon for rent. The municipal court held that the writing in question was not a lease, but an agreement for a lease; and I am clearly of the opinion that such decision was correct, and that the judgment should be affirmed, with costs.