Pursell v. New York Life Insurance & Trust Co.
The Superior Court of New York City
An appeal from a judgment entered upon a decision in favor of the defendants, dismissing the complaint with costs. On March 24, 1368, the defendants leased to the plaintiff the premises on the south-east corner of Broadway and Twenty-second street, in the city of Hew York, for the term of twenty-one years, which premises the plaintiff sub-let to various tenants.
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An appeal from a judgment entered upon a decision in favor of the defendants, dismissing the complaint with costs. On March 24, 1368, the defendants leased to the plaintiff the premises on the south-east corner of Broadway and Twenty-second street, in the city of Hew York, for the term of twenty-one years, which premises the plaintiff sub-let to various tenants. On September 4, 1874, the defendants issued a warrant under dispossession proceedings, for the possession of the premises on three quarterly installments of arrears of rent, and the defendants, the Trust Co. as trustees, and others in…
1Opinion of the CourtSanford, J.
The plaintiff, tenant under a lease from defendants and holding over after default in the payment of rent, was dispossessed of the demised premises, on September 4, 1874, by virtue of a warrant issued under the act authorizing “ summary proceedings to recover the possession of land” (2 R. S. 515, § 39). The warrant was duly executed, and the landlords, defendants in this action, were on that day put into full possession. The act (section 43) declares that “whenever a warrant shall be issued as aforesaid,” “ the contract or agreement for the use of the premises, if any such exists, and the…
2Cases cited3 opinions
- Garner v. HannahThe Superior Court of New York City · 1857
- Duigan v. HoganThe Superior Court of New York City · 1858
- Crawford v. WatersNew York Supreme Court · 1873