Brown v. Mayor of New York
New York Court of Appeals
Appear from judgment of the General Term of the Court of Common Pleas for the city and county of Hew York affirming a judgment in favor of plaintiff, entered upon a verdict. The nature of the action and the facts are set forth sufficiently in the opinion. The statute authorizing summary proceedings for the recovery of the possession of premises does not authorize them to be instituted against corporate bodies.
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Appear from judgment of the General Term of the Court of Common Pleas for the city and county of Hew York affirming a judgment in favor of plaintiff, entered upon a verdict. The nature of the action and the facts are set forth sufficiently in the opinion. The statute authorizing summary proceedings for the recovery of the possession of premises does not authorize them to be instituted against corporate bodies. (R. S., pt. 8, chap. 8, tit. 10, art. 2, § 28; Laws 1868, chap. 828, p. 1930; Faulkner v. D. and. R. C. Co., 1 Den., 441; School Directors v. Carlisle Bk., 8 Watts, 291; Ministers,…
1Opinion of the CourtEarl, J.
This is an action to recover the rent of certain premises situated in the city of Yew York, claimed by the plaintiff to have been leased to and occupied by the defendant. For the purpose of proving the leasing, occupancy and liability to pay rent, the plaintiff produced the summary proceedings taken in the Eighth District Court of the city by plaintiff against defendant and the board of police commissioners to dispossess them for the non-payment of rent. The affidavits alleged the leasing of the premises to the city corporation, the occupation by the corporation and by the board of police…
2Cases cited7 opinions
- Supervisors of Onondaga v. BriggsNew York Supreme Court · 1846
- Gates v. . PrestonNew York Court of Appeals · 1869
- Demarest v. . DargNew York Court of Appeals · 1865
- White v. . CoatsworthNew York Court of Appeals · 1852
- Newton v. . HookNew York Court of Appeals · 1872
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3Cited by63 opinions
- Last Chance Mining Co. v. Tyler Mining Co.Supreme Court of the United States · 1895
- Reich v. . CochranNew York Court of Appeals · 1896
- City of New York v. New York City Railway Co.New York Court of Appeals · 1908
- Blair v. . BartlettNew York Court of Appeals · 1878
- Williams v. . BarkleyNew York Court of Appeals · 1900
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