Legal Opinion

People ex rel. Brixton Operating Corp. v. La Fetra

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

Decided December 24, 1920PublishedCited by 2 opinions

Appeal by the relator, Brixton Operating Corporation, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 13th day of December, 1920, denying relator’s motion for a peremptory writ of mandamus.

1Opinion of the Court

Laughlin, J.:

Appellant owns the apartment house known as 120 West Seventieth street, borough of Manhattan, city of New York, and on the 14th of February, 1917, it leased an apartment therein to a tenant for a term commencing October 1, 1917, and ending on the 30th of September, 1920, by a lease in writing in and' by which the tenant covenanted that at the expiration of the term he would quit and surrender the premises. At the expiration of the term the tenant refused to vacate and the appellant duly applied to the defendant, who is a justice of the City Court, by petition, pursuant to the…

2Cases cited11 opinions

  1. Edwards v. KearzeySupreme Court of the United States · 1878
  2. Fourth Nat. Bank of NY v. FrancklynSupreme Court of the United States · 1887
  3. Gilman v. . TuckerNew York Court of Appeals · 1891
  4. Southwick v. . SouthwickNew York Court of Appeals · 1872
  5. Stocking v. HuntNew York Supreme Court · 1846

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3Cited by2 opinions

  1. People ex rel. Durham Realty Corp. v. La FetraAppellate Division of the Supreme Court of the State of New York · 1920
  2. Railroad Co-Operative Building & Loan Ass'n v. Boston Building Estates, Inc.New York Supreme Court · 1933

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