Legal Opinion

United Merchants' Realty & Improvement Co. v. Roth

New York Court of Appeals

Decided December 15, 1908PublishedCited by 46 opinions

Gross-appeals, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 6,1907, reversing in part and affirming in part an interlocutory judgment of Special Term overruling a demurrer to the complaint.

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Gross-appeals, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 6,1907, reversing in part and affirming in part an interlocutory judgment of Special Term overruling a demurrer to the complaint. This action was brought to recover rent for a part of certain premises in the city of Hew York for the months of May to September, inclusive, in the year 1906. The complaint contains ten counts, two for each month, one alleging a right to recover because the defendant held over after the expiration of his term and the other,…

1Opinion of the Court

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] I concur in the opinion of my brother VANN as to the last five counts in the complaint, but I think that the first five are also good. The question presented by the demurrer to these counts is whether a new lessee, whose lease begins at the termination of a prior lease, can, at his option, treat the prior lessee, in case he holds…

2Cases cited1 opinion

  1. Schuyler v. . SmithNew York Court of Appeals · 1873

3Cited by46 opinions

  1. Kennedy v. . City of New YorkNew York Court of Appeals · 1909
  2. Snider v. DebanMassachusetts Supreme Judicial Court · 1924
  3. Eells v. . MorseNew York Court of Appeals · 1913
  4. Cannon v. GordonAppellate Terms of the Supreme Court of New York · 1944
  5. A. Stern & Co. v. Avedon & Co.Appellate Division of the Supreme Court of the State of New York · 1920

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