Legal Opinion

Flewellin v. Lent

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 1904Published

Appeal by the defendant, Smith Lent, from a judgment of the County Court of Westchester county in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 23d day of November, 1903, reversing a judgment of a justice of the peace of the town of Ossining, and also from an order of said County Court, entered in said clerk’s office on the 30th day of November, 1903, directing a new trial of the action.

1Opinion of the Court

Jenks, J.:

The landlord appealed to the County Court from a final order in summary proceedings to recover possession of demised premises (entered upon the verdict) of the justice of the peace before whom and a jury the proceeding was heard, awarding the tenant the possession of the premises, with costs. The County Court reversed the final order, with costs. Thereafter a motion was made to modify the order of the County Court, and the court did so by adding this provision after the direction therein for a reversal: “And all parties consenting thereto, it is further ordered that the proceeding…

2Cases cited4 opinions

  1. Sun Printing & Publishing Ass'n v. Abbey Effervescent Salt Co.Appellate Division of the Supreme Court of the State of New York · 1901
  2. Dawson v. ParsonsNew York Supreme Court · 1893
  3. Monroe v. WhiteAppellate Division of the Supreme Court of the State of New York · 1898
  4. Bolles v. CantorAppellate Division of the Supreme Court of the State of New York · 1896

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API