Simmons v. Pepe
Appellate Terms of the Supreme Court of New York
Appeal by the landlord from a final order, in summary proceedings, of the Municipal Court of the city of New York, second district, borough of Manhattan, dismissing the proceedings with costs.
1Opinion of the CourtLeveetbitt, J.
This was the usual statutory proceeding to obtain possession of premises upon the ground that the undertenant held over after the expiration of his term, which, it was claimed, had expired on June 1, 1903. Issue was joined and a trial by jury had, resulting in a verdict in favor of the landlord, on which a final order was made award- • ing him possession of the premises. On appeal this court reversed the lower court on the ground that under the facts of the casevthe tenancy was terminable only on five days’ notice and that this had not been given. The decision of this court was: “ Final order…
2Cases cited3 opinions
- Wisner v. . OcumpaughNew York Court of Appeals · 1877
- Koppel v. HeinrichsNew York Supreme Court · 1847
- Simmons v. PopeAppellate Terms of the Supreme Court of New York · 1903