Legal Opinion

Moore v. Coughlin

Appellate Division of the Supreme Court of the State of New York

Decided July 7, 1908PublishedCited by 9 opinions

Appeal by the defendant, Owen J. Oonghlin, from a judgment of the County Court of Onondaga county in favor of the plaintiff, entered in the office of the clerk .of said county on the 19th day of February, 1908, upon an order entered in said clerk’s office on the 19th day of February, 1908, affirming a final order of the Municipal Court of the city of Syracuse, made in summary proceedings awarding the plaintiff the possession of the premises described in the petition, and…

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Appeal by the defendant, Owen J. Oonghlin, from a judgment of the County Court of Onondaga county in favor of the plaintiff, entered in the office of the clerk .of said county on the 19th day of February, 1908, upon an order entered in said clerk’s office on the 19th day of February, 1908, affirming a final order of the Municipal Court of the city of Syracuse, made in summary proceedings awarding the plaintiff the possession of the premises described in the petition, and also from the said order upon which the -judgment appealed from was entered.

1Opinion of the Court

Spring, J.:

The respondent leased to the defendant, by a written lease dated May 1, 1907, for the term of two years at the monthly rental of forty-five dollars, the house and premises located at Mo. 706 James street, in the city of Syracuse; and the defendant at once went into possession in/pursuance of the. lease.

The lessor in December, 1907, commenced this summary pro*812ceeding in the Municipal Court of the city of Syracuse to eject the defendant for the non-payment of rent. The defendant answered alleging defenses and counterclaims.

In the first place, the defendant claims there was no proper…

2Cases cited4 opinions

  1. Smith v. . KerrNew York Court of Appeals · 1888
  2. Jarvis v. . DriggsNew York Court of Appeals · 1877
  3. May v. . GillisNew York Court of Appeals · 1901
  4. Powers v. De O.Appellate Division of the Supreme Court of the State of New York · 1901

3Cited by9 opinions

  1. Schwartz v. Weiss-NewellCivil Court of the City of New York · 1976
  2. Zenila Realty Corp. v. MasterandreaCivil Court of the City of New York · 1984
  3. 402 Nostrand Avenue Corp. v. SmithAppellate Terms of the Supreme Court of New York · 2008
  4. Bennett v. Orange State Oil CompanySupreme Court of Florida · 1946
  5. John Washington, Ltd. v. GulbreathAppellate Terms of the Supreme Court of New York · 1997

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