79 A.D. 37 | N.Y. App. Div. | 1903
The defendant in this action rented certain premises of the plaintiff at an agreed rental of fourteen dollars per month. The defendant had been in possession of the premises for about two years, and on leaving the same was in default for rent for two months. This action was brought to recover the two months’ rent. The defendant, who vacated the premises in the middle of April, made a tender
While it seems improbable that the defendant will be able.to make a better defense upon a new trial, the extreme caution demanded of appellate courts in the granting of final judgments makes it improper that we should refuse a new tidal in reversing this judgment. (New v. Village of New Rochelle, 158 N. Y. 41, 43, and authorities there cited.)
The judgment appealed from should be reversed, and a new trial ordered, costs to abide the event.
Goodrich, P. J., Bartlett, Hirsohberg and Jehks, JJ., concurred.
Judgment of the Municipal Court reversed and new trial ordered, costs to abide the event.