Varela v. Miller

Eder, J. (dissenting).

On this appeal from final order in favor of landlord, based on a violation of substantial obligations of his lease, I do not concur in the affirmance of said final order, which decides that the landlord is entitled to possession “ by reason of the expiration of the tenant’s term.”

Section 1415 of the Civil Practice Act provides: “ Contents of petition. The applicant must present to the judge or justice a written petition verified in like manner as a verified complaint in an action, describing the premises of which the possession is claimed and the interest therein of the…