Terwilliger v. Browning, King & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Browning, King & Company, from an order of the Supreme Court, made at the Rensselaer Special Term and entered in the office of. the clerk of the county of Ulster on the 2d day of March, 1912, granting judgment to the plaintiff upon the pleadings.
1Opinion of the Court
Houghton, J.:
The defendant interposed a demurrer to the plaintiff’s complaint, whereupon the plaintiff moved for judgment under the provisions of section 541 of the Code, which motion was granted, with leave to the defendant to withdraw its demurrer and answer.
The complaint alleges that on the 3d day of April, 1908, the defendant leased to the plaintiff premises known as 1265-1269 Broadway in the city of New York, for the term of sixteen years; that the plaintiff entered into possession and so remained until the 25th day of February, 1910, when he was dispossessed by a summary proceeding…
2Cases cited3 opinions
- United Merchants' Realty & Improvement Co. v. RothNew York Court of Appeals · 1908
- Bien v. BixbyAppellate Terms of the Supreme Court of New York · 1897
- Crawford v. WatersNew York Supreme Court · 1873
3Cited by1 opinion
- Terwilliger v. Browning, King & Co.Appellate Division of the Supreme Court of the State of New York · 1915