Stelle v. Creamer
Appellate Division of the Supreme Court of the State of New York
Appeal from municipal court, borough of Brooklyn, Second district. Proceedings for summary dispossession by Charles C. Stelle against Charles M. Creamer. From a final order in favor of plaintiff, defendant appeals.
1Opinion of the CourtGoodrich, P. J.
In a proceeding for summary dispossession, the petition alleged that the tenant agreed to pay $133.33 rent monthly in advance on the 1st day of each month; that on September 1st there was due $399.99, for three months, viz., from July 1st to October 1st; and that payment of rent liad been demanded of, and refused by, the tenant. On the trial it appeared that the annual rental was $1,300 per year, equivalent to $108.33 per month, so that, instead of $399.99 being due, only $324.99 was actually due on September 17th, when the petition was filed. The final order was made and the warrant for…
2Cases cited2 opinions
- Jarvis v. . DriggsNew York Court of Appeals · 1877
- Bennett v. NickAppellate Terms of the Supreme Court of New York · 1899