Brennecke v. Smith

This is an appeal by the petitioner from a final order of the Justice’s Court, Town of Pelham, which dismissed a summary proceeding wherein the petitioner, as the alleged owner of the premises, sought to evict the respondent from said premises on the ground that the respondent was a mere licensee thereof whose license had been terminated. This is the second time the matter has been before this court on appeal. On the first occasion the Justice of the Peace had issued a final order awarding possession of the premises to the petitioner. That order was reversed for the reason that the nature of…