Stelle v. Creamer
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles M. Creamer, tenant, from a final order of the Municipal Court of the city of Hew York, borough of Brooklyn, in favor of the plaintiff, entered on the 10th day of October, 1901, in summary proceedings brought to recover possession of real estate. -
1Opinion of the Court
Goodrich, P. J.:
In a proceeding for summary dispossession the petition alleged that the tenant agreed to pay $133.33 rent- monthly in advance on the first day of each month; that on September first there was due $399.99 for three months, viz., from July first to October first, and that payment of rent had been demanded of and refused by the tenant. On the trial it appeared that the annual rental was $1,300 per year, equivalent to $108.33 per month, so that, instead of $399.99 being due, only $324.99 was actually due on September seventeenth, when the petition was filed.
The final order was…
2Cases cited2 opinions
- Jarvis v. . DriggsNew York Court of Appeals · 1877
- Bennett v. NickAppellate Terms of the Supreme Court of New York · 1899
3Cited by1 opinion
- Sea Gate Hotel Co. v. NahmmacherAppellate Terms of the Supreme Court of New York · 1920