New York Supreme Court April 30, 1942 (Boyd H. Wood Co. v. Horgan)

lead-opinion

Judgment affirmed, with twenty-five dollars costs.

Smith and McCooey, JJ., concur.

dissent

Lewis, J.

(dissenting). Defendant appeals from a judgment in favor of the plaintiff.

The action is to recover one month’s rent under an alleged renewal of a lease. The answer is a general denial and a defense of surrender and acceptance.

The facts are undisputed.