3540 30TH ST. CORP. v. STRAUB DELIVERY CO.


41 Misc.2d 948 (1963)

Thirty-Five Forty Thirtieth Street Corp., Plaintiff, v. Straub Furniture Delivery Co., Inc., Defendant.

Civil Court of the City of New York, Trial Term, Queens County.

December 27, 1963


Attorney(s) appearing for the Case

John B. Jacobson for plaintiff. Allan Zelnick for defendant.


GUY G. RIBAUDO, J.

Plaintiff sues to recover rent for the month of March, 1961 in the amount of $1,800. Defendant asserts no liability under the lease executed by the parties and counterclaims for the return of security of $3,600.

A prior trial of this action before a jury resulted in an inconsistent verdict, the result of which the case was retried before me upon a waiver of a jury and a stipulation of facts.

The lease provided that the...

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