Figueira v. Lerner
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles Lerner, tenant, from a final order of the Municipal Court of the city of New York, borough of Brooklyn, fourth district, rendered on the 11th day of April, 1900, awarding to the plaintiff, as landlord, the possession of certain premises situate in the borough of Brooklyn, Kings county, N. Y.
1Opinion of the Court
Woodward, J. :
This is a proceeding brought under the provisions of subdivision 4 of section 2232 of the Code of Civil Procedure to oust the occupant of certain premises in the borough of Brooklyn on the ground that said occupant had intruded into said premises without permission of the owner, and that the occupancy thus commenced had continued without such permission. The occupancy was admitted by the answer, but it was urged that it was with' the permission of the owner given by one Harks, acting as agent for the owner. The learned justice, upon the trial of the issue thus raised, determined…
2Cases cited2 opinions
- Edwards v. . DooleyNew York Court of Appeals · 1890
- Fowler v. MarcusAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by3 opinions
- Cotton v. GorrellMissouri Court of Appeals · 1914
- Lippincot v. East River Mill & Lumber Co.City of New York Municipal Court · 1913
- Moss v. Dunn & McCarthy, Inc.Appellate Division of the Supreme Court of the State of New York · 1935