FAIRBANKS v. FISHER


94 F.Supp. 265 (1950)

FAIRBANKS v. FISHER.

United States District Court S. D. New York.

November 22, 1950.


Attorney(s) appearing for the Case

William E. Fairbanks, pro se, and Henry G. Van Veen, New York City, for plaintiff.

Wilbur Duberstein, New York City, Attorney for defendant.


McGOHEY, District Judge.

Defendant moves for summary judgment on the ground that a prior judgment in the Municipal Court bars recovery here. The plaintiff, a resident of New Jersey, sues for breach of a contract of lease for Apartment 15 F in 425 Riverside Drive. The defendant is a resident of New York and the amount in controversy is sufficient for jurisdiction.

The plaintiff was in possession of the apartment under a lease with the principal landlord. On...

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