Legal Opinion

Earl v. Nalley

Appellate Division of the Supreme Court of the State of New York

Decided March 31, 1948PublishedCited by 8 opinions

1Opinion of the CourtBrewster, J.

In this action in ejectment the respondent landlord has had judgment against the appellant tenant in possession of premises demised by a written lease wherein the landlord reserved a right of re-entry for nonpayment of rent.

An installment of rent became due July 1,1946, on which day it was not paid and during which day the landlord told the tenant that he ‘ ‘ expected ’ ’ it, and refused the latter’s request for a short extension of time within which to pay. On the following day the landlord executed a written notice that he exercised his election to terminate the lease because of the…

2Cases cited10 opinions

  1. Butler v. . Frontier Telephone Co.New York Court of Appeals · 1906
  2. Samson v. . RoseNew York Court of Appeals · 1875
  3. Van Rensselaer v. . WrightNew York Court of Appeals · 1890
  4. Van Rensselaer v. JewettNew York Supreme Court · 1847
  5. Hosford v. . BallardNew York Court of Appeals · 1868

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3Cited by8 opinions

  1. Diocese of Buffalo v. McCarthyAppellate Division of the Supreme Court of the State of New York · 1983
  2. North Main Street Bagel Corp. v. DuncanAppellate Division of the Supreme Court of the State of New York · 2004
  3. 2641 Concourse Co. v. City University of New YorkNew York Court of Claims · 1987
  4. Pine Hill Associates v. MalveauxAppellate Terms of the Supreme Court of New York · 1978
  5. 230 Park Avenue Associates v. StateNew York Court of Claims · 1995

3 more not listed; retrieve them via the Exa API.

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