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Marotto v. McCotter

85 N.Y.S. 1138 Court N.Y. App. Term Decision date 1903-12-17 English

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p. 1138
MAROTTO v. McCOTTER.
(Supreme Court, Appellate Term.
December 17, 1903.)

Headnote

Action by Giacehi Marotto against William S. McOotter. Judgment for defendant, and plaintiff appeals.
Affirmed.
See 85 N. Y. Supp. 431 .
Charles E. Le Barbin, for appellant. William F. Kimber, for respondent.

The plaintiff lost all his rights and claims under the lease- by failing to pay the rent reserved in it, and suffering himself to be dispossessed for the nonpayment thereof. The defendant was in no way responsible for the acts of the new landlord, and the lower court was extremely liberal in allowing evidence of them. The judgment must be affirmed, with costs.