Legal Opinion

Harris v. Greenberger

Appellate Division of the Supreme Court of the State of New York

Decided April 15, 1900PublishedCited by 3 opinions

Appeal by the petitioners, Jacob M. Harris and another, from a final order of the Municipal Court of the city of New York, borough of Brooklyn, first district, made on the 9th day of December, 1899, dismissing the petition in a summary proceeding for the removal of a tenant of real property.

1Opinion of the Court

Willard Bartlett, J.:

In July, 1899, the parties to this proceeding entered into an agreement whereby the appellants leased to the respondent a store in the borough of Brooklyn for a term beginning on the 1st day of December and ending on the 26th day of December, 1899, at a rental of $650. The lease provided that the lessee should be permitted to store toys in the basement of the demised premises from the 15th day of November, 1899, “ said privilege being included in this lease.”

The lessee never acquired actual possession of the premises under this lease. On November 15, 1899, he endeavored…

2Cases cited1 opinion

  1. Mechanics' & Traders' Fire Insurance v. ScottNew York Court of Common Pleas · 1859

3Cited by3 opinions

  1. N. R. M. Garage Corp. v. Morris Feig Garage Corp.Appellate Division of the Supreme Court of the State of New York · 1951
  2. Kopelman v. GritmanAppellate Terms of the Supreme Court of New York · 1912
  3. Smith v. BarberAppellate Division of the Supreme Court of the State of New York · 1906

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