Legal Opinion

In re Guaranty Building Co.

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

Decided May 15, 1900PublishedCited by 22 opinions

Appeal by the petitioner, the Guaranty Building Company, from -•an order and judgment of the Municipal Court of the city of Buffalo, -entered in the office of the clerk of said court on the 5th day of March, 1900, dismissing a petition in summary proceedings on the ground of want of jurisdiction.

1Opinion of the Court

Williams, J. :

■ The proceeding was brought under subdivision 1, section 2231, 'Code of Civil Procedure, to remove a tenant alleged to be holding ■over and continuing in possession of demised premises, after the -expiration of his term, without permission of the landlord.

The petition set forth that the letting was under a written lease "for the term of three years, from May 1, 1897; that there was an ■express agreement in the lease that if default should be made in the payment of rent, at the time specified in the lease, and said default should continue for ten days, then, and in that event,…

2Cases cited5 opinions

  1. Beach v. . NixonNew York Court of Appeals · 1853
  2. Kramer v. AmbergNew York Court of Common Pleas · 1889
  3. Manhattan Life Insurance v. GosfordNew York Court of Common Pleas · 1893
  4. Cottle v. SullivanSuperior Court of Buffalo · 1894
  5. Morton v. . WeirNew York Court of Appeals · 1877

3Cited by22 opinions

  1. Norman S. Riesenfeld, Inc. v. R-W Realty Co.Appellate Division of the Supreme Court of the State of New York · 1928
  2. Burnee Corp. v. Uneeda Pure Orange Drink Co.Appellate Terms of the Supreme Court of New York · 1928
  3. Martin v. CrossleyAppellate Terms of the Supreme Court of New York · 1905
  4. In Re Delta Motor Hotel of Syracuse, Inc.United States Bankruptcy Court, N.D. New York · 1981
  5. Ehre v. People of New York Ex Rel. Hennessy (In Re Adirondack Railway Corp.)United States Bankruptcy Court, N.D. New York · 1983

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