R. S. S. Co. v. Apfel
Appellate Terms of the Supreme Court of New York
Appead from a final order in summary proceedings, entered in the Municipal Court of the city of New York, borough of Manhattan, ninth district, 'awarding possession of Ho. 11 West Thirty-fourth street to the petitioner.
1Opinion of the CourtBijur, J.
The petitioner describes himself -as the landlord and owner in fee simple. The petition further shows that the title was derived from a purchase in partition proceedings-— the referee’s deed being dated March 25, 1909 — brought by one Robert S. Smith against his coten-ant of the premises; that Smith had made a lease to Apfel on October 28, 1907, and that Apfel had assigned the same to Harris, October 30, 1907. Heit-her Apfel nor Harris, it is conceded, was a party to the partition suit.
The proceeding was brought by reason of the non-payment of the rent for January, 1910. Judgment by default…
Also in this document: Concurrence.
2Cases cited5 opinions
- Jackson v. EdwardsNew York Court of Chancery · 1839
- Rector of Christ Protestant Episcopal Church v. MacKNew York Court of Appeals · 1883
- Commonwealth Mortgage Co. v. De WaltoffAppellate Division of the Supreme Court of the State of New York · 1909
- Ostrander v. . HartNew York Court of Appeals · 1892
- Packer v. . the Rochester and Syracuse R.R. Co.New York Court of Appeals · 1858
3Cited by1 opinion
- Quinn v. LyneNew York Supreme Court · 1955