Shotland v. Mulligan
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Ninth District. Summary proceedings by Paul Shetland against Delia Mulligan. From a final order for defendant, plaintiff appeals.
1Opinion of the CourtSeabury, J.
This proceeding was brought to dispossess the tenant from real estate after default in the payment of rent. A final order has been entered in favor of the tenant, and the landlord appeals.
There is in the record no evidence of any demand of the rent, or that three days’ notice, requiring in the alternative the payment of the rent or the possession of «the premises, was served. Under the statute, evidence of this character is necessary to confer jurisdiction upon the justice to entertain this proceeding. Code Civ. Proc. §§ 2231, 2240; Beach v. McGovern, 41 App. Div. 381, 58 N. Y. Supp. 493;…
2Cases cited4 opinions
- Tolman v. HeadingAppellate Division of the Supreme Court of the State of New York · 1896
- Beach v. McGovernAppellate Division of the Supreme Court of the State of New York · 1899
- Zinsser v. HerrmanAppellate Terms of the Supreme Court of New York · 1898
- Tolman v. HeadingAppellate Division of the Supreme Court of the State of New York · 1896