Michael E. Paterno Realty Co. v. Hattenbach
Appellate Terms of the Supreme Court of New York
Appeal by plaintiff from judgment of Municipal Court of the city of New York, borough of Manhattan, fifth district, in favor of plaintiff for $266.55.
1Opinion of the CourtMcCook, J.
This is an action in trespass brought by a landlord. The defendant was a tenant under a written lease expiring September 30, 1920, and not renewed or extended. The tenant did not remove at the end of his term. The summons bore the indorsement “Action for trespass on and after October 1st, 1920, at 895 West End Avenue.”
At the trial, on the opening statement of plaintiff’s counsel, defendant moved to dismiss the complaint on the ground that an action for trespass cannot be maintained under the new rent laws during the period ending November 1, 1922, where a tenant is holding over as here. This…
2Cases cited1 opinion
- People Ex Rel. Durham Realty Corp. v. La FetraNew York Court of Appeals · 1921
3Cited by1 opinion
- 440 West End Avenue, Inc. v. DempsterAppellate Division of the Supreme Court of the State of New York · 1922