Parshelsky v. Peck-Schwarz Realty Corp. ( 1929 )

— Judgment affirmed, with costs. No opinion. Rich, Kapper, Seeger and Seudder, JJ., concur; Carswell, J., dissents, with the following memorandum: The assignment of rent# has priority and the claim of estoppel is without support in the record. I, therefore, vote to allow the counterclaim of Schwarz, to modify the judgment accordingly, and, as so modified, to affirm.