Witherbee, Sherman & Co. v. Wykes
New York County Courts
Appeal by the defendant from a final order in summary proceedings made by a justice of the peace, awarding to the plaintiff the delivery of the possession of certain real property.
1Opinion of the CourtPybke, J.
The landlord brought this proceeding to remove a tenant at will alleged to be holding over after the expiration of his term. A final order awarding delivery of possession to the landlord was made. The defendant appeals, and challenges the jurisdiction of the court below. The point urged is that the petition was defective in its statement of the termination of the tenancy.
*475Section 2236 of the Code of Civil Procedure provides that “ where the person removed is a tenant at will * * * the petition must state the facts showing that the tenancy has been terminated, by giving notice, as required by…
2Cases cited3 opinions
- In re the Summary Proceeding Brought by the Stuyvensant Real Estate Co.Appellate Terms of the Supreme Court of New York · 1903
- Titus v. Town of New ScotlandAppellate Division of the Supreme Court of the State of New York · 1896
- Bristed v. HarrellAppellate Terms of the Supreme Court of New York · 1897
3Cited by1 opinion
- Witherbee, Sherman & Co. v. WykesAppellate Division of the Supreme Court of the State of New York · 1913