Heinrich v. Mack
New York County Courts
This is an appeal from a final order in summary proceedings granted by F. A. Wbittemore, a justice of the peace for the town of Vienna, on the 15th day of August, 1898, dispossessing defendant of property known as the Sylvan Beach Hotel at Sylvan Beach, N. Y., for nonpayment of rent.
1Opinion of the CourtDunmore, J.
Defendant concedes that by the terms of the lease $350 of rent became due on the 1st day of August, 1898, and was not paid. Defendant claims the proceedings are irregular because an alternative three-day notice was not served upon him by the‘landlord. The landlord makes no claim that such notice was served, but she contends that she demanded the payment of the rent upon the premises from the defendant the day it became due, and the evidence will sustain a finding to that effect. Such demand was sufficient to sustain the proceeding. Code Civ. Proc., § 2231, subd. 2; Bristed v. Harrell, 20…
2Cases cited10 opinions
- Christopher v. . AustinNew York Court of Appeals · 1854
- Ludlum v. CouchAppellate Division of the Supreme Court of the State of New York · 1896
- Hamilton v. GraybillAppellate Terms of the Supreme Court of New York · 1897
- Tolman v. HeadingAppellate Division of the Supreme Court of the State of New York · 1896
- Rogers v. AckermanNew York Supreme Court · 1856
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3Cited by1 opinion
- Schwartz v. Weiss-NewellCivil Court of the City of New York · 1976