Tolman v. Heading
Appellate Division of the Supreme Court of the State of New York
Appeal from order of Clinton county judge. Proceeding by Andrew G-. Tolman against Mark L. Heading for the possession of leased premises. From an order directing the issuing of a warrant for the removal of defendant from the premises in question, defendant appeals.
1Opinion of the CourtParker, P. J.
In order to maintain this summary proceeding,, and .to become entitled to an order removing the defendant, Head*218ing, from the premises in question, it was incumbent upon the petitioner to prove either that he had demanded from Heading the rent which was due, or that he had served upon him, in behalf of the persons to whom the rent was due, at least three days’ notice in writing, requiring the payment of the rent or the possession of the premises. See Code Civ. Proc. § 2231, subd." 2. And the proof should also have shown that such notice was served in the manner required by that section. The…
2Cases cited3 opinions
- Bloom v. HuyckNew York Supreme Court · 1893
- Miner v. BurlingNew York Supreme Court · 1860
- People ex rel. Simon v. GrossNew York Supreme Court · 1867
3Cited by2 opinions
- Peck v. Reid, New York County Courts1910
- Shotland v. MulliganAppellate Terms of the Supreme Court of New York · 1910