Legal Opinion · Dissent

Peabody v. Long Acre Square Building Co.

Appellate Terms of the Supreme Court of New York

Decided June 15, 1905Published

Appeal by the tenant from a final order in favor of the landlords entered in the Municipal Court of the city of New York, tenth district, borough of Manhattan.

1DissentMcCall, J.

This is an appeal from a final order made in a summary proceeding. The lease under which the tenant was in possession called for a term of twenty years, beginning Hovember 1, 1902,' and it provided for the payment of an annual rental of about $15,000. The petition prayed for a final order to remove the tenant from the premises for nonpayment of taxes and default in payment of an installment of rent past due. The petition does not allege, nor is any claim made, that a demand for rent was made as provided for in subdivision 1, section 2231 of the Code of *633Civil Procedure, but it does set out…

2Cases cited5 opinions

  1. Tolman v. HeadingAppellate Division of the Supreme Court of the State of New York · 1896
  2. Beach v. McGovernAppellate Division of the Supreme Court of the State of New York · 1899
  3. In re the Summary Proceeding Brought by the Stuyvensant Real Estate Co.Appellate Terms of the Supreme Court of New York · 1903
  4. Witty v. ActonNew York Supreme Court · 1890
  5. Baird v. HelferAppellate Division of the Supreme Court of the State of New York · 1896

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