Fifty-Fourth Street Realty Co. v. Goodman
Appellate Terms of the Supreme Court of New York
Appeal by the tenant from a final order dispossessing the tenant in summary proceedings in the Municipal Court of the city of New York, borough of Manhattan, third district, for the nonpayment of rent for the month of February, 1913, under a written lease.
1Opinion of the CourtBijur, J.
The only point raised by appellant on this appeal is that by reason of an “ election ” previously made the landlord is barred from successfully prosecuting the present proceeding. It appears that on February 4, 1913, the landlord served upon the tenant a notice that his lease was terminated for condition broken, namely, nonpayment of rent due February 1, 1913, and thereupon instituted summary proceedings, under subdivision 1 of section 2231 of the Code, against the tenant as a hold over. This proceeding the landlord shortly thereafter discontinued, no doubt because he found that it was not…
2Cases cited8 opinions
- Davis v. WakeleeSupreme Court of the United States · 1895
- Terry v. . MungerNew York Court of Appeals · 1890
- Henry v. . HerringtonNew York Court of Appeals · 1908
- Mills v. . ParkhurstNew York Court of Appeals · 1891
- Ackley v. . WesterveltNew York Court of Appeals · 1881
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3Cited by3 opinions
- Hanover Estates, lnc. v. FinkelsteinCity of New York Municipal Court · 1949
- Harris v. Timecraft Industries, Inc.Civil Court of the City of New York · 1986
- Jefferson Valley Mall Limited Partnership v. Franchise Acquisition Group, Inc.Appellate Terms of the Supreme Court of New York · 2008