Drake v. Cunningham
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Ida Applegate Drake, from a final order of the Municipal Court of the city of Dew York, dismissing the petition in summary proceedings brought for non-payment of rent.
1Opinion of the Court
Jenks, J.:
The learned Municipal Court put its dismissal solely upon the ground that, a monthly tenancy had not been established. I do not agree. The original lessor is -dead. The tenant testifies that he had lived in the flat for 13 years and that he had hired it from *80Joseph Applegate to whom in person he paid the rent; that he paid $25 when he first went there, $25 a month not. always, in advance,, as he usually paid- between the 1st and the 10th or the 11th. . At the time of the demand lie - admitted that he owed rent to the rightful owner. The witness Baylis testifies that he demanded the…
2Cases cited10 opinions
- Lehnen v. DicksonSupreme Court of the United States · 1893
- Despard v. . WalbridgeNew York Court of Appeals · 1857
- Jackson ex dem. Russell v. RowlandNew York Supreme Court · 1831
- Laughran v. . SmithNew York Court of Appeals · 1878
- Birdsall v. PhillipsNew York Supreme Court · 1837
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hoffman v. HoffmanAppellate Division of the Supreme Court of the State of New York · 1925
- Koehne v. HarveyDistrict of Columbia Court of Appeals · 1946
- Arol Development Corp. v. Goodie Brand Packing Corp.Civil Court of the City of New York · 1975
- People v. SavageAppellate Division of the Supreme Court of the State of New York · 1932
- Milligan v. Gabbett, New York County Courts1917
2 more not listed; retrieve them via the Exa API.