Legal Opinion · Dissent

In re the Assignment of Whitney

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

Decided April 21, 1911Published

Appeal "by Bayard L. Peck, as assignee, etc., from an order of: the Supreme Court, ¡made at the New York Special Term and entered in the office of the clerk of the county of New York on the 24th day of February, 1911, confirming the report of a. referee. ¡

1Dissent

Ingraham, P. J. (dissenting):

The referee found that on October 20, 1906, the claimants leased to Guard N. Whitney an apartment in a residential building on Eighty-fourth street and Riverside drive for four years and eleven months, commencing November 1, 1906, at an annual rent of $3,000 per year, payable in equal monthly payments in advance; that Whitney entered into the possession of the said apartment, and from the date of the lease to the date of the trial Whitney had continued in possession of the premises, either in actual possession or under sub-leases made with the consent of the…

2Cases cited3 opinions

  1. In Re the General Assignment of HevenorNew York Court of Appeals · 1895
  2. In re HevenorNew York Supreme Court · 1893
  3. In re Accounting of LudekeAppellate Division of the Supreme Court of the State of New York · 1898

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