Frank v. Miller
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants* Mary Miller and another, from a final Order of the County Court of Westchester county, entered in 'the office of the clerk of the county of Westchester on the 27th day of January* 1906, upon the verdict of a jury removing the defendants from certain real estate in summary proceedings, and also from an order entered ip said, clerk’s office on the 26th day of February, 1906, denying the defendants’ motion for a new trial made upon the minutes. - : A…
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Appeal by the defendants* Mary Miller and another, from a final Order of the County Court of Westchester county, entered in 'the office of the clerk of the county of Westchester on the 27th day of January* 1906, upon the verdict of a jury removing the defendants from certain real estate in summary proceedings, and also from an order entered ip said, clerk’s office on the 26th day of February, 1906, denying the defendants’ motion for a new trial made upon the minutes. - : A final order in her favor in a’ former summary proceeding brought by the landlord, against her for'non-payment of rent was…
1Opinion of the Court
Gaynor, J.:
The landlord had instituted a prior proceeding in December, 1905* against'the tenant to remove her for the non-payment of the rent which came due the first day of that month. The petition alleged that the. landlord let the premises to the' tenant for one month on November 1st, 1905,. for the 'rent of $16.50, and from month to month thereafter at $30 a month, and that the rent for December was Unpaid. The tenant filed an answer which made a general denial to the petition, and then alleged as a “ defence ’’ that .the landlord’s predecessor in title had leased to her the premises on…
2Cases cited1 opinion
- Schultz v. Greenwood CemeteryNew York Supreme Court · 1905
3Cited by4 opinions
- Stroock Plush Co. v. TalcottAppellate Division of the Supreme Court of the State of New York · 1908
- Maher v. PotterNew York Supreme Court · 1908
- Devoe v. LutzAppellate Division of the Supreme Court of the State of New York · 1909
- Silver & Co. v. WatermanAppellate Division of the Supreme Court of the State of New York · 1908