Legal Opinion

McDonald v. Cohen

Appellate Terms of the Supreme Court of New York

Decided December 15, 1909PublishedCited by 4 opinions

Appeal by the tenant from a final order of the Municipal Court of the city of Hew York, sixth district, borough of Manhattan, awarding possession of the premises to the landlord.

1Opinion of the CourtGoff, J.

An order in summary proceedings dispossessing the tenant-appellant has been made under the following circumstances: The owner of the premises in question, of which the tenant is in possession of a part, executed a mortgage upon them which was recorded in 1905. In February, 1909, the owner executed the lease to appellant under which he holds possession. In March, 1909, the landlord, who is respondent here, was appointed receiver of rents and profits, in a suit to foreclose the mortgage. The tenant paid in advance for five months’ rent of that part of the premises which he leased, being the…

2Cases cited1 opinion

  1. Fletcher v. McKeonAppellate Division of the Supreme Court of the State of New York · 1902

3Cited by4 opinions

  1. Fairchild v. Gray, New York County Courts1930
  2. Henry v. HirschAppellate Division of the Supreme Court of the State of New York · 1910
  3. Baerlein v. WinterAppellate Terms of the Supreme Court of New York · 1918
  4. Knickerbocker Oil Corp. v. Richfield Oil Corp.Appellate Division of the Supreme Court of the State of New York · 1931

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