44 Misc. 219 | N.Y. App. Term. | 1904
The complaint alleges the incorporation of the plaintiff and the defendant; that the plaintiff was the lessee of a certain building; that on May 23, 1903, the plaintiff leased to the defendant two rooms in said building for the period of eleven months, ending May 1, 1904; that the rent for the months of November and December, 1903, and January, February and March, 1904, became due and were demanded, but the plaintiff has refused to pay the same. The answer denied on information and belief the incorporation of plaintiff, and that it was lessee of the building, and denies the allegations of paragraphs 7, 8 and 9 of the complaint, being the allegations respecting the rent for the months of January, February and March, 1904. It then sets forth, as a separate defense, that the rent for November and December' became due and was unpaid, that the plaintiff harassed and annoyed the defendant, by threats and intimidation, and that when, in March, 1904, the defendant decided to leave said rooms, the plaintiff prevented it from removing its effects therefrom. For a third defense, and by way of counterclaim, the defendant reaffirms the allegations of its second defense, and demands damages therefor. The plaintiff demurred to the whole answer as insufficient in law upon the face thereof, and separately demurred to
Judgment reversed and demurrer sustained with costs in this court and the court below, with leave to the defendant to amend its answer within twenty days upon payment of costs.
Freedman, P. J., and MacLean, J., concur.
Judgment reversed and demurrer sustained, with costs, with, leave to- defendant -to amend within twenty days upon payment of costs.