119 Misc. 402 | N.Y. Sup. Ct. | 1922
Plaintiff, claiming that defendants refused to give him possession of a building which he had leased from them, has brought this action seeking to compel defendants to perform and carry out their agreement, and that they be directed to remove from the premises and account to the plaintiff for the rents thereof, and for such other relief as might be proper. The defendants answered separately. The answer of Vincenzo merely denied some of the allegations of the complaint. The answer of Maria, besides denying some of the. allegations of the complaint, sets forth that the lease in question was signed by her at the request of the plaintiff and the other defendant without being read or its contents being known to her, and that it was signed with the understanding that it was to be null and void in a certain contingency, which agreement was to have been inserted in the paper, and that through the fraud of the plaintiff the defendant was induced to sign it. This is pleaded as a defense and counterclaim, and as a part thereof there is a statement that the plaintiff has an adequate remedy at law. The prayer for relief in this answer is that the complaint be dismissed, and that defendants have judgment on the counterclaim decreeing that the lease be canceled and declared null and void. Upon the proof introduced there were very few controverted questions of fact so far as plaintiff’s claim was concerned. There was, however, a sharp conflict in the proof concerning the defendants’ counterclaim. The questions of fact arising thereon were decided adversely to the defendants at the close of the trial. Decision was reserved as to whether plaintiff was entitled to the relief he sought. It is unquestioned that defendants in
Judgment accordingly.