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Matter of Barby

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 1, 1930
230 App. Div. 775 (N.Y. App. Div. 1930)

Opinion

July, 1930.

Present — Sears, P.J., Crouch, Taylor, Thompson and Crosby, JJ.


Judgment of County Court and judgment of City Court reversed on the law and a new trial granted in the City Court, with costs in all courts to appellant to abide the event, on the ground that the court erred in refusing to permit plaintiff to prove the facts alleged in paragraphs 8, 9 and 10 of the answer to the effect that he had made an oral agreement with defendant supplemental to the lease by which he was to have an adjustment on the rent for certain large sums of money spent by him to make the premises fit for his occupancy. All concur, except Sears, P.J., who dissents and votes for affirmance.


Summaries of

Matter of Barby

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 1, 1930
230 App. Div. 775 (N.Y. App. Div. 1930)
Case details for

Matter of Barby

Case Details

Full title:In the Matter of the Application for the Removal of BASILIS L. BARBY from…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jul 1, 1930

Citations

230 App. Div. 775 (N.Y. App. Div. 1930)