Mischner v. Altman
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Louis Mischner, from an order of the Appellate Term' of the Supreme Court, entered in the office of the clerk of the county of New York on the 1st day of July, 1910, reversing a judgment of the City Court of the city of New York in favor of the plaintiff entered upon the verdict of a jury and directing a new trial in an action for damages for trespass.
1Opinion of the Court
Clarke, J.:
The defendant was the lessee of a loft and sub-leased one-half thereof to the plaintiff, a furrier. The plaintiff alleges *252that the lease was ■ for a year. The defendant alleges that it was from month to month.
On the ‘7th day of May, 1903, the defendant served a notice that he elected to terminate the plaintiff’s tenancy on the first of June.. On the first of June the defendant filed a petition in the Municipal Court of the third district, asking for a precept in dispossess proceedings. • A precept was issued at twelvé-ten, returnable at three o’clock on said. day. An affidavit was…
2Cases cited4 opinions
- Ferguson v. . CrawfordNew York Court of Appeals · 1877
- O'Donoghue v. . BoiesNew York Court of Appeals · 1899
- In re the Estate of McGarrenAppellate Division of the Supreme Court of the State of New York · 1906
- Mischner v. AltmanNew York Supreme Court · 1910
3Cited by4 opinions
- Gilroy v. BeckerAppellate Terms of the Supreme Court of New York · 1945
- People v. Grushkin, New York County Courts1936
- Bufter Amusement Corp. v. GarrisonAppellate Division of the Supreme Court of the State of New York · 1928
- Steinert v. Van AkenAppellate Division of the Supreme Court of the State of New York · 1914