269 A.D. 950 | N.Y. App. Div. | 1945
Action in ejectment brought by the plaintiff to oust defendants from a portion of certain real property in Queens County. Defendants interposed a counterclaim which, in effect, required specific performance of a claimed lease of the premises and, in addition, sought damages. Upon answers by the jury to specific questions, judgment was entered dismissing the complaint without prejudice to plaintiff recovering rent under the lease of the premises, and it was directed that defendants should have a lease thereof in accordance with specified terms, without prejudice to asserting a claim for damages, if any, suffered by reason of the failure of the plaintiff to comply with certain provisions of the lease. There was a further provision that the plaintiff was required to execute the lease upon the tender of rent due to date. Judgment modified on the law and the facts by striking out' the provision in reference to the making of repairs being conditioned on the tender or deposit