Kelly v. Smith

Counsel for respondent is in error in assuming that the decision of the general term on the argument of the appeal herein (see opinion in Kelly v. Smith, 16 N. Y. Supp. 521) was predicated upon a denial of the existence of the relation of landlord and tenant between the respondent’s assignor and the appellant, Smith, and the case (Stewart v. Railroad Co., 102 N. Y. 601, 8 N. E. Rep. 200) referred to on this motion as having been overlooked and in conflict with the decision made is irrelevant to the question involved in the appeal. Careful perusal of the opinion will not fail to convince…