Summary
In Farnham Realty Corp. v. Liberman (197 App. Div. 947) this court affirmed an order overruling a demurrer to a defense interposed in an action like this, where damages for the trespass were alleged on the basis of the rent reserved by the landlord by a lease of the premises to another after the expiration of the term of the tenant in possession, which rental was alleged to be the fair rental value of the premises.
Summary of this case from 440 West End Avenue, Inc. v. DempsterOpinion
June, 1921.
Present — Clarke, P.J., Dowling, Smith, Page and Greenbaum, JJ.
Order affirmed, with ten dollars costs and disbursements, with leave to plaintiff to withdraw demurrer on payment of said costs and ten dollars costs of motion at Special Term. No opinion.