Beatty v. Rosenberg
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Robert A. Beatty, from a determination and order of the Appellate Term of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 31st day of January, 1916, affirming a judgment of the City Court of the City of New York in favor of the defendant individually, and also affirming an order denying plaintiff’s motion for a new trial.
1Opinion of the Court
Scott, J.:
The nature of the action and. its history down to the present time have been fully stated by Mr. Justice Davis and it will be unnecessary to repeat them in detail.
The crucial" question of fact asserted by plaintiff and denied by the defendant is whether or not defendant, who was the administrator of his deceased brother, the tenant, after his brother’s death entered upon and took possession of the premises under the lease, and continued to hold them not only for the term of the lease, but for a period of time after the lease had expired. It appears probable that the more important…
2Cases cited1 opinion
- Legget v. . PelletreauNew York Court of Appeals · 1914