General

Sophie Friberg, Respondent, v. Rockaway Point Company, Appellant

208 A.D. 738·New York Supreme Court, Appellate Division·1924·NY

Brief incoming

Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.

Opinion

Sophie Friberg, Respondent, v. Rockaway Point Company, Appellant. [MAJORITY] Order affirmed, with ten dollars costs and disbursements. We agree with defendant that the issue of promised renewal leases is res adjudicate/ by virtue of the equitable defense thereof interposed in the summary proceedings brought by this defendant against this plaintiff. We agree with the learned justice at Special Term that the ownership of the bungalows was neither determined in the summary proceedings nor necessarily involved therein, and that that issue may be tried out. Kelly, P. J., Rich, Kelby and Kapper, JJ., concur; Jaycox, J., dissents.