In re Benoit
Appellate Division of the Supreme Court of the State of New York
Appeal by the'petitioiier, Adolphe H. Benoit, from an order of the Supreme Court,- máde at the New York Special Term and entered- in the office of the- clerk of -the county o£ New York on the 15th day of November, 1907,' denying the petitioner’s motion to have a certain judgment canceled and discharged of record.
1Opinion of the Court
Ingraham, J.:
In March, 1904, Darsa J. Densmore and Robin Dale Compton commenced an action in the Supreme Court against the petitioner to recover certain moneys which the petitioner had collected as the rent of certain real property from the tenants thereof. The complaint alleged that the defendant in that action was lessee of the property No. 307 Fifth avenue, under a lease for sixteen years from October 1, 1902; that on the 10th of March, 1904, the defendant assigned and transferred the lease to the plaintiffs; that at the time of said assignment $nd transfer and as a part of the transaction…
2Cases cited2 opinions
- O'Beirne v. . Allegheny Kinzua R.R. Co.New York Court of Appeals · 1897
- In re BullisAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by11 opinions
- Fierman v. LazarusDistrict Court, E.D. Pennsylvania · 1973
- Multiple Trading Corp. v. SaggeseNew York Supreme Court · 1942
- Proctor Securities Corp. v. HandlerNew York Supreme Court · 1957
- First National Bank v. HaymesCivil Court of the City of New York · 1966
- Hanan v. LongAppellate Division of the Supreme Court of the State of New York · 1912
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