Valentine v. Healey
Appellate Division of the Supreme Court of the State of New York
Action for rent by Henry G. Valentine against Warren M. Healey and another. From a judgment entered on direction of the court dismissing the complaint after trial at trial term,, plaintiff appeals. Reversed.
1Opinion of the CourtO’Brien, J.
There are three facts that did not appear at the former trial, but were established upon the new trial, which, in our opinion, distinguish the case, and make inapplicable the rule stated as controlling on the previous appeal. Valentine v. Healey, 1 App. Div. 502, 37 N. Y. Supp. 287; Id., 158 N. Y. 369, 52 N. E. 1097, 43 L. R. A. 667. The first is, the evidence now shows that Valentine joined: in the original lease with Healey. The second is that notice in writing was sent by Valentine to Healey, objecting to the firm’s holding over or retaining the property, unless it was taken for a year.…
2Cases cited2 opinions
- Valentine v. . HealeyNew York Court of Appeals · 1899
- Valentine v. HealeyAppellate Division of the Supreme Court of the State of New York · 1896