140 N.Y.S. 486 | N.Y. App. Term. | 1913
Plaintiff sues to recover $65 deposited with the defendant. The parties signed a written agreement wherein the plaintiff is referred to as the tenant, 'and the defendant is referred to as the landlord. This agreement recites that the defendant “ hereby lets ” and the plaintiff “ the undersigned tenant hereby rents ” a certain apartment in the premises Mo: 526 West' One Hundred and Eleventh street, borough of Manhattan, city of Mew York, for a term beginning October 1,1912, and ending September 30, 1913, at the rental of $780 per annum, payable monthly in advance. The agreement also contained the following clause: “ The tenant hereby agrees to pay the first month’s rent and to sign 186 • Blumberg form of lease within, five days from this date, other-wise, this agreement may be cancelled at the landlord’s option. Deposit paid on account first
Gerard and Bijur, JJ., concur.
Judgment reversed with costs, and complaint dismissed, with costs.