Presby v. . Benjamin
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 25, 1900, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 25, 1900, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The court having directed a verdict, the appellant is entitled to the most favorable inferences deducible from the evidence, and all disputed facts are to be treated as established in his favor. (McDonald v. M. S. R. Co., 167 N. Y. 68; Place v. N. Y. C.& H. R. R. R. Co., 167 N. Y. 347; Bank of…
1Opinion of the CourtCullen, J.
The action was to recover the rent reserved in the lease of an apartment in the city of New York. The defense was eviction. The claim of the defendant was that upon leaving his apartment before the expiration of the demised term he placed the porter of his store with his wife in the apartment as his servants to take care of the apartment on his behalf during his absence; that the plaintiff refused to allow the defendant’s servants to enter or occupy the apartment and that thereupon lie surrendered and abandoned the premises to the landlord.
The tenant of the apartment has necessarily as…
2Cases cited3 opinions
- Riggs v. . PursellNew York Court of Appeals · 1876
- Kerrains v. . People of the State of N.Y.New York Court of Appeals · 1875
- Roosevelt v. . HopkinsNew York Court of Appeals · 1865
3Cited by48 opinions
- Rowe v. Great Atlantic & Pacific Tea Co.New York Court of Appeals · 1978
- Connolly v. MedalieCourt of Appeals for the Second Circuit · 1932
- United States v. Mose HollandCourt of Appeals for the Second Circuit · 1985
- People v. ScottNew York Court of Appeals · 1970
- Mann Theatres Corp. of California v. Mid-Island Shopping Plaza Co.Appellate Division of the Supreme Court of the State of New York · 1983
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