Bove v. Coppola
Appellate Terms of the Supreme Court of New York
Appeal by landlord from a final order in summary proceedings made by the justice of the Municipal Court of the city of Hew York, borough of Manhattan, in favor of the tenant.
1Opinion of the CourtBischoff, J.
The tenant was in possession under a sublease. The principal lease provided for its cancellation and surrender at the landlord’s option upon payment of '$150 to the lessee, and it was canceled and surrendered precisely within the terms of this' provision, yet the landlord has been denied the right to possession as against this subtenant because the latter was not a party to the surrender, upon the theory that his lease endured, therefore, within the limit of the term of the original lease. Weiss v. Mendelson, 24 Misc. *637Rep. 692; Eten v. Luyster, 60 N. Y. 252. These authorities simply declare…
2Cases cited2 opinions
- Eten v. . LuysterNew York Court of Appeals · 1875
- Weiss v. MendelsonAppellate Terms of the Supreme Court of New York · 1898
3Cited by7 opinions
- In Re Shoppers Paradise, Inc.United States Bankruptcy Court, S.D. New York · 1980
- Bruder v. GeislerAppellate Terms of the Supreme Court of New York · 1905
- Geer v. Boston Little Circle Zinc Co.Missouri Court of Appeals · 1907
- Lippe v. Professional Surgical Supply Co.Civil Court of the City of New York · 1986
- Schmaeling v. SchmaelingNassau County District Court · 1985
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