Legal Opinion

Martin v. Crossley

Appellate Terms of the Supreme Court of New York

Decided January 15, 1905PublishedCited by 26 opinions

Appeal by the tenant from a final order in favor of the landlord, entered in the Municipal Court of the city of New York, eighth district, borough of Manhattan.

1Opinion of the CourtScott, J.

This proceeding is instituted under subdivision 1 of section 2231, Code of Civil Procedure, authorizing the dispossession of a tenant who holds over “ after the expiration of his term,” and the only serious question involved is whether the term had “ expired ” or merely been “ terminated ” by the act of the landlord in giving notice of his election to end the lease and the term thereof. The answer to this question involves the construction to be given to clause *25516 of the lease, which provides that the landlord may “terminate and end this lease, and the term hereby granted and all right and…

2Cases cited7 opinions

  1. Beach v. . NixonNew York Court of Appeals · 1853
  2. Miller v. . LeviNew York Court of Appeals · 1871
  3. In re Guaranty Building Co.Appellate Division of the Supreme Court of the State of New York · 1900
  4. Oakley v. SchoonmakerNew York Supreme Court · 1836
  5. Cottle v. SullivanSuperior Court of Buffalo · 1894

2 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Burnee Corp. v. Uneeda Pure Orange Drink Co.Appellate Terms of the Supreme Court of New York · 1928
  2. In Re Delta Motor Hotel of Syracuse, Inc.United States Bankruptcy Court, N.D. New York · 1981
  3. Ehre v. People of New York Ex Rel. Hennessy (In Re Adirondack Railway Corp.)United States Bankruptcy Court, N.D. New York · 1983
  4. Janes v. PaddellNew York Supreme Court · 1910
  5. Fowler Court Tenants, Inc. v. YoungCivil Court of the City of New York · 1983

21 more not listed; retrieve them via the Exa API.

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