Legal Opinion
Cochran v. Anderson
Appellate Terms of the Supreme Court of New York
Decided May 15, 1920Published
Appeal by the tenant from a final order of the Municipal Court of the city of New York, borough of Manhattan, fifth district, in favor of the landlord against the tenant.
1Opinion of the CourtWagner, J.
The proceeding was instituted under section 2231 of the Code of Civil Procedure, authorizing the dispossession of a tenant who holds over after the expiration of his term, and the only 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 take possession of the demised premises. The tenant occupied the premises under a one-year lease commencing October 1, 1919, the pro*633visions of which, pertinent to this controversy, were as follows :
“ 3. That the tenant shall not assign this agreement or underlet the…
2Cases cited5 opinions
- Beach v. . NixonNew York Court of Appeals · 1853
- Miller v. . LeviNew York Court of Appeals · 1871
- Martin v. CrossleyAppellate Terms of the Supreme Court of New York · 1905
- In re Guaranty Building Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Waitt Construction Co. v. LoraineAppellate Terms of the Supreme Court of New York · 1919