Wulff v. Cilento
Appellate Terms of the Supreme Court of New York
Appeal by tenant from an order, called by him a judgment, of the Municipal Court of the city of Hew York, seventh district, borough of Manhattan, entered in favor of the landlords, “ awarding to the said landlords the delivery of the premises within described by reason of the tenant’s non-payment of said rent.”
1Opinion of the CourtMacLean, J.
In this proceeding, the statutory and ordinary one to dispossess a tenant, the petitioners sought to oust their tenant for non-payment of rent, and were met by a verified answer containing a general denial and a counterclaim for damages alleged to be the result of a breach of the contract of lease. At the close of the trial the justice granted a final order awarding possession of the premises to the landlords, and denied relief to the tenant, apparently, because the proceeding being special and solely for possession, a money judgment might not be rendered either way. It is contended, however,…
2Cases cited1 opinion
- Constant v. BarrettNew York Court of Common Pleas · 1895
3Cited by11 opinions
- DeVita v. PianisaniAppellate Terms of the Supreme Court of New York · 1926
- Gay v. Riehmann Mantel Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Jefferson Real Estate Co. v. M. L. Hiller & SonsAppellate Terms of the Supreme Court of New York · 1902
- Shotland v. MulliganAppellate Terms of the Supreme Court of New York · 1908
- Bennett v. Orange State Oil CompanySupreme Court of Florida · 1946
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