Legal Opinion

Kiernan v. Cashin

Appellate Terms of the Supreme Court of New York

Decided February 23, 1905PublishedCited by 1 opinion

Appeal from Municipal Court, Borough of Manhattan, Tenth District. Action by Patrick Kiernan against Patrick Cashin and another to recover possession of rented premises. From a final order in favor of plaintiff, Thomas J. Darcey appeals. Modified.

1Per curiam

We consider that the appellant, claiming to be in possession of the premises, had the right to intervene and file an answer (section 2244, Code Civ. Proc.), and that his answer sufficiently raises the issue to which all the evidence was directed. The fact that he describes himself in his answer as undertenant, whereas in fact he claims under a new lease to himself, is immaterial.

We are not disposed to interfere with the exercise of his discretion by the justice in setting aside the verdict. We think, however, that he erred in granting judgment in favor of the landlord. It has repeatedly been…

2Cases cited1 opinion

  1. George v. TrevellynNew York Court of Common Pleas · 1895

3Cited by1 opinion

  1. Decaudin v. VelazquezAppellate Terms of the Supreme Court of New York · 2007

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