Phelps v. Mallory
Appellate Terms of the Supreme Court of New York
Appeal "by the plaintiff from a judgment of the Municipal Court of the city of Yew York, borough of Manhattan, first district, discontinuing the action.
1Per curiam
The plaintiff sued for the rent of certain premises which he averred in the complaint he had leased to defendant. ■ The defendant answered by claiming that a person other than the plaintiff was the owner of the demised premises and that the defendant had, prior to the time the alleged rent became due, been evicted from said premises by said owner who had a title to the premises paramount to that of the plaintiff.
The defendant, claiming that ‘by his answer he had put in issue the title to land within the provisions of section 179 of the Municipal Court Act, filed a bond under the provisions of…
2Cases cited2 opinions
- Heiferman v. ScholderAppellate Division of the Supreme Court of the State of New York · 1909
- Trevett v. . BarnesNew York Court of Appeals · 1888
3Cited by2 opinions
- Duvall v. Southern Municipal Corp.District of Columbia Court of Appeals · 1949
- Reino v. BuczkowskiNew York Supreme Court · 1955