American Exchange National Bank v. Smith
Appellate Terms of the Supreme Court of New York
Appeal, by the landlord, from a final order, entered in favor of the tenants in the Municipal Court of the city of New York, ninth district, borough of Manhattan, after a trial before the court and a jury.
1Opinion of the CourtGildersleeve, J.
This is a summary proceeding to recover possession of real estate for nonpayment of rent for the months of January, February, March, April and May, 1908.
The premises were owned in his lifetime by Ernest G. Stedman, who died December 26, 1907; and the fee title to the premises has since been in the heirs or executors of said Ernest G. Stedman. Trimm v. Marsh, 54 N. Y. 599.
By an instrument of lease, dated January 31, 1906, Stedman leased the premises to the respondents Smith and Rich-man, for twenty-one years, at the yearly rent of $22,500, to *51be computed from February 1, 1907, payable monthly…
2Cases cited8 opinions
- Phelan v. . BradyNew York Court of Appeals · 1890
- Trimm v. . MarshNew York Court of Appeals · 1874
- Matter of LasakNew York Court of Appeals · 1892
- Homer v. . Guardian Mutual Life Ins. Co.New York Court of Appeals · 1876
- Pierrepont v. . BarnardNew York Court of Appeals · 1852
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3Cited by5 opinions
- Tehan v. Thos. C. Peters Printing Co.Appellate Division of the Supreme Court of the State of New York · 1979
- Boteler v. LeberNew Jersey Court of Chancery · 1933
- Bennett v. Orange State Oil CompanySupreme Court of Florida · 1946
- Industrial Trust Co. v. American Stores Co.Superior Court of Delaware · 1938
- Stafford Security Co. v. KremerCity of New York Municipal Court · 1930