Legal Opinion

Barney Estate Co. v. Palmer & Singer Manufacturing Co.

New York Supreme Court

Decided July 15, 1910PublishedCited by 1 opinion

Appeal by landlord from a judgment and final order of the Municipal Court of the city of Kew York, third district, in favor of the tenant in a summary proceeding.

1Opinion of the CourtSeabury, J.

This is an appeal by the landlord from a final order in summary proceeding’s dismissing the petition. The petition was based upon the ground of non-payment of rent, and that the landlord gave notice to the tenant that he exercised his option to terminate the lease, and that thirty days had expired since the giving of said notice and the commencement of these proceedings.

Under the terms of the lease it is provided that, in case of default by the tenant in any of the covenants, “ the landlord may at his option terminate this lease at any time by giving thirty days’ previous notice to the…

2Cases cited2 opinions

  1. Martin v. CrossleyAppellate Terms of the Supreme Court of New York · 1905
  2. Low v. ThompsonAppellate Terms of the Supreme Court of New York · 1908

3Cited by1 opinion

  1. Palmer & Singer Manufacturing Co. v. Barney Estate Co.Appellate Division of the Supreme Court of the State of New York · 1912

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