49 N.Y.S. 811 | N.Y. App. Div. | 1898
The action was brought to recover the rent due by the defendant under a lease between the plaintiffs’ testator and the defendant. The complaint alleged the making of the lease; that the defendant had not paid the rent for the months of May, June, July, August, September, October, November, and December, 1895, aggregating $1,600, except the sum of $450, paid on account, leaving a balance of $1,150 due and unpaid. The answer admits the making of the lease; denies that the rent is unpaid; and alleges as a separate answer and defense, and by way of counterclaim, an agreement between the plaintiffs’ testator and the defendant for a consideration of which the lease in the complaint was signed, whereby the plaintiffs’ testator agreed to make certain repairs in the cellar and upon the roof, and to abate a nuisance occasioned by defective drainage of said
We think, therefore, upon the whole case, that the judgment appealed from should be affirmed, for the reasons stated in the opinion of the trial judge, with costs. All concur.