Mack v. Roch
New York Court of Common Pleas
Appeal from a final order in summary proceedings of the district court in the City of New York for the Seventh Judicial District. The facts are stated in the opinion.
1Opinion of the CourtAllen, J.
This is an appeal from a judgment of the district court for the Seventh Judicial District, dispossessing the appellant, a tenant, from the premises Mo. 711 Madison Avenue for non-payment of rent.
The premises were held by the tenant under a lease in writing executed by Rhoda E. Mack during her lifetime. Mrs. Mack was the wife of the respondent and died soon after the execution of the lease. This proceeding to dispossess the tenant was brought by the respondent as tenant by the curtesy.
It is contended by the appellant that the proceeding cannot be maintained by the tenant by the curtesy, and…
2Cases cited4 opinions
- Barnes v. . UnderwoodNew York Court of Appeals · 1872
- Hatfield v. . SnedenNew York Court of Appeals · 1873
- Burke v. ValentineNew York Supreme Court · 1868
- In re WinneNew York Supreme Court · 1870