123 N.Y.S. 772 | City of New York Municipal Court | 1910
This is an action against a guarantor of a lease. The facts are conceded. The plaintiff, the landlord, leased certain premises to a tenant for five years. The rent for the first three years of the term was $2,000 a year," and for the remaining two years of the term $2,300 a year. During the $2,000-a-year period the landlord, without the consent or knowledge of the guarantor or surety on the lease, reduced the rent $5 a month,, and the rent, at that reduced rate, was paid and received. The parties to the lease- had some differences as to the term of the reduction, but, in a court of competent jurisdiction, it was determined that the reduction was for, and included, the $2,000-a-year period. Subsequently, during the $2,300-a-year period, when suit for the rent was brought at the latter rate, it was sought by the tenant to establish that the reduction was to cover the last two years of the term as well as the first portion of the term, but the court decided in favor of the landlord, so that the situation now is that-the reduction of rent simply applied to the $2,000-a-year period alone. The tenant thereafter de
Judgment accordingly.