Larsen v. City of New York
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment for $500 and costs in an action to recover rent for premises occupied as a corporation yard in Long Island City. .Defendant denies occupancy; claims surrender before the expiration of the lease which the city claims was October 1, 1906. Rent sued for is October, 1906, to October, 1907.
1Opinion of the Court
Per Guriam.
The question whether the city surrendered
the premises prior to October 1, 1906, was a question of fact. The plaintiff testified that the city continued in occupancy during the entire year from October 1, 1906, to October 1, 1907, and he was corroborated by Mr. Lucien Knapp, who was superintendent of the street cleaning department at the time: The premises in question were used as a corporation yard and were under the control of Mr. Knapp. The finding of the justice tha,t the city held over appears to have support in this testimony, and indeed the city’s testimony to show surrender…
2Cases cited2 opinions
- Vernam v. . SmithNew York Court of Appeals · 1857
- Smith v. BarberAppellate Division of the Supreme Court of the State of New York · 1906