Schwartz v. Brucato
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Nellie Brucato, from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, fifth district, in favor of the plaintiff, rendered on the 1st day of February, 1900, upon the decision of the court.
1Opinion of the Court
Goodrich, P. J.:
The defendant was tenant of premises under a lease, the term of which ended on May first, rent payable on the first of each month in advance. She left the premises on January twenty-eighth and sent the key to the landlord by a messenger whom the plaintiff instructed to tell the defendant that he declined to accept the surrender, but would take the key in order to show the premises to any intending tenants. There was evidence as to the condition of the premises, from which the court might have held that the defendant was justified in abandoning them. On the other hand, the…
2Cited by3 opinions
- Dasanat Realty Corp. v. MurrayCity of New York Municipal Court · 1930
- In re the Estate of BarnesNew York Surrogate's Court · 1962
- Lema Realty Corp. v. NajarianAppellate Terms of the Supreme Court of New York · 1946