Legal Opinion
Finkelstein v. Fabyik
Appellate Terms of the Supreme Court of New York
Decided November 29, 1907PublishedCited by 1 opinion
Appeal from Municipal Court, Borough of Manhattan, Fifth District. Summary dispossess proceedings by Herman Finkelstein and another against John Fabyik and others. From a Municipal Court judgment dismissing the proceedings, plaintiffs appeal. Reversed, and new trial ordered.
1Opinion of the CourtErlanger, J.
On March 12, 1907, the tenants paid to one Rose Emil $10 and obtained from her the following receipt:
“March 12th, ’07.
“Received of J. Fabyilc & Co. Ten no/10'o dollars for deposit on rent of two lofts No. 652 East 12th street. Rent to be $65 per month, and to run for two years. Rose Emil.”
The tenants entered into possession of the premises and paid rent for two months, from March 15 to May 15, 1907, at the rate of $65 per month, and it is conceded that the landlord received the money. Before the Í5th of May, 1907, notice was served upon the tenants to the effect that the landlords elected to…
2Cases cited1 opinion
- Larkin v. RadostaAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by1 opinion
- Siemers v. HeuchelNew York Supreme Court · 1919