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Roedmann v. Hertel

Supreme Court, Appellate Term, Second Department
Oct 1, 1912
78 Misc. 55 (N.Y. App. Term 1912)

Summary

In Roedmann v. Hertel (78 Misc. 55) the landlord brought summary proceedings which were dismissed on the following facts: The day after an unsigned lease was given to the tenant by the landlord's predecessor, he paid a deposit and procured a receipt, which spoke of a five years' lease.

Summary of this case from DeVita v. Pianisani

Opinion

October, 1912.

Jacob H. Denenholz, for appellant.

Benjamin Kohn, for respondent.


This is a summary proceeding which was dismissed in the Municipal Court and the landlord appeals.

The defendant claims to have a lease for five years, or until 1915. A formal lease was prepared by the former owners and given to him unsigned. The next day he paid a deposit and received a receipt reciting a five years' lease. The plaintiff purchased the property and received a deed reciting a five years' lease to the defendant, but now claims there can be no such lease as it is not in writing signed by the party to be bound thereby. The plaintiff took title subject to all equities as the tenant was in possession and the deed recited the supposed lease.

That a court of equity would afford the defendant relief and compel specific performance by requiring the plaintiff or his grantors to execute a lease is quite certain. The defendant entered into possession and spent considerable money in permanent improvements.

While sections 242 and 259 of the Real Property Law require leases and contracts for leases to be in writing, section 270 preserves to equity the power to require specific performance of agreements in case of part performance.

Municipal Courts have no equitable jurisdiction except in this one instance — equitable defenses — to dispossess proceedings. Section 2 of the Municipal Court Act permits a defendant to set up an equitable defense to summary proceedings. Rodgers v. Earle, 5 Misc. 164.

The judgment of dismissal is affirmed.

ASPINALL and PUTNAM, JJ., concur.

Judgment affirmed.


Summaries of

Roedmann v. Hertel

Supreme Court, Appellate Term, Second Department
Oct 1, 1912
78 Misc. 55 (N.Y. App. Term 1912)

In Roedmann v. Hertel (78 Misc. 55) the landlord brought summary proceedings which were dismissed on the following facts: The day after an unsigned lease was given to the tenant by the landlord's predecessor, he paid a deposit and procured a receipt, which spoke of a five years' lease.

Summary of this case from DeVita v. Pianisani

In Roedmann v. Hertel (78 Misc. Rep. 55) it appeared that the day after an unsigned lease was given to the party, he paid a deposit and received a receipt reciting a five-year lease, and then entered into possession and made permanent improvements which cost a considerable amount of money.

Summary of this case from Blumenfeld v. Aronson
Case details for

Roedmann v. Hertel

Case Details

Full title:SOPHIE R.C. ROEDMANN, Appellant, v . PHILIP HERTEL, Respondent

Court:Supreme Court, Appellate Term, Second Department

Date published: Oct 1, 1912

Citations

78 Misc. 55 (N.Y. App. Term 1912)
138 N.Y.S. 375

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