Peabody v. Long Acre Square Building Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant',. The Long Acre Square Building Company, from an order of the Appellate Term affirming a final order iii summary proceedings. The respondents instituted a summary proceeding -to recover from the appellant the possession of real property, under the provisions of the Code of Civil Procedure (§ 2231 et seq.) relating to that subject.
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Appeal by the defendant',. The Long Acre Square Building Company, from an order of the Appellate Term affirming a final order iii summary proceedings. The respondents instituted a summary proceeding -to recover from the appellant the possession of real property, under the provisions of the Code of Civil Procedure (§ 2231 et seq.) relating to that subject. A petition was presented to a Municipal Court of the city of -New York in which was. set forth,, among-other things, that. “ the trustees of Henry Astorl’ were the' landlords of the premises described therein and which-by-an. agreement in…
1Opinion of the Court
Patterson, J.:
First. The allegations of the petition were sufficient to confer jurisdiction of the proceeding upon the 'Municipal Court. Mr. Peabody, the petitioner, states positively that three days’ notice in writing requiring in the alternative the payment of the rent or the , possession of the premises and the payment of the taxes or the . possession of the premises was served on behalf of the landlords. . upon the tenant, and that the service was made by delivering to and leaving with Henry M. Work, the treasurer of the company, personally, a true copy of the notice. He annexes to the…
2Cases cited3 opinions
- In Re the Probate of the Will of WalkerNew York Court of Appeals · 1892
- Flewwellin v. LentAppellate Division of the Supreme Court of the State of New York · 1904
- Witty v. ActonNew York Supreme Court · 1890