Legal Opinion

Bristed v. Harrell

Appellate Terms of the Supreme Court of New York

Decided May 15, 1897PublishedCited by 3 opinions

Appeal from final order in summary proceedings, made by the justice of the Sixth Judicial District Court in favor of the landlord.

1Opinion of the CourtBischoff, J.

These proceedings were instituted by the landlord-respondent for the possession of certain premises, held by the tenant-appellant, upon a petition which alleged the nonpayment of rent due under a written lease and the service upon the tenant of a demand for payment within three days as an alternative to the landlord’s proceeding to recover possession under the statute.

At the trial the tenant made a motion for the dismissal of the proceedings because prematurely brought, in that the statutory three days’ notice had not expired at the date of the petition, and,, this motion having been denied,…

2Cases cited1 opinion

  1. People ex rel. Simpson v. PlattNew York Supreme Court · 1864

3Cited by3 opinions

  1. Carman v. Fox, New York County Courts1914
  2. Bristed v. HarrellAppellate Terms of the Supreme Court of New York · 1897
  3. Heinrich v. Mack, New York County Courts1898

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