Eells v. . Morse
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 3,1911, which affirmed a determination of the Appellate Term affirming a final order of the Municipal Court of the city of New York made in summary proceedings to recover possession of real property and awarding possession thereof to the plaintiff. The facts, so far as material, are stated in the opinion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 3,1911, which affirmed a determination of the Appellate Term affirming a final order of the Municipal Court of the city of New York made in summary proceedings to recover possession of real property and awarding possession thereof to the plaintiff. The facts, so far as material, are stated in the opinion. The petitioner and landlord on whose behalf the proceeding was instituted had no right to the possession of the premises described in the petition at the…
1Opinion of the CourtCuddeback, J.
This is a summary proceeding instituted under sections 2231 and 2235 of the Code of Civil Procedure to recover the possession of real property.
The petition alleges that the plaintiff is the owner in fee and landlord of the demised premises, and that on of about the first day of October, 1908, she let and leased the same to the defendant for the term of one year beginning October 1st, 1908, and ending October 1st, 1909. The petition also alleges that the defendant holds over and continues in possession after the expiration of his term without the permission of the landlord.
The answer of the…
2Cases cited8 opinions
- United Merchants' Realty & Improvement Co. v. RothNew York Court of Appeals · 1908
- Whiting v. . EdmundsNew York Court of Appeals · 1884
- Benjamin v. . BenjaminNew York Court of Appeals · 1851
- People Ex Rel. Mitchell v. SimpsonNew York Court of Appeals · 1863
- Imbert v. HallockNew York Court of Common Pleas · 1862
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Cannon v. GordonAppellate Terms of the Supreme Court of New York · 1944
- Curtis v. Le MayCity of New York Municipal Court · 1945
- 137 East 66th Street, Inc. v. LawrenceNew York Supreme Court · 1922
- Phelan v. KennedyAppellate Division of the Supreme Court of the State of New York · 1919
- Smith v. FeiginAppellate Division of the Supreme Court of the State of New York · 1948
13 more not listed; retrieve them via the Exa API.