Gray v. Kaufman Dairy & Ice-Cream Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Kings county. Action by John Gray against the Kaufman Dairy & Ice-Cream Company to recover two months’ rent of premises in New York City. A judgment was entered ona verdict rendered under the direction of the court in favor of plaintiff, and defendants appeal.
1Opinion of the CourtHatch, J.
—The state of the law governing the disposition of this case is far from satisfactory, and in some respects there seem to have been a departure from well settled rales governing the relation of landlord and tenant, and the rights and obligations which flow therefrom. We seem forced in the disposition of this case to make choice between authority which may not be reconciled. We proceed to state the dilemma.
In Underhill v. Collins, 132 N. Y. 269, 43 S. R 785, it was held that a landlord who had notified his tenant, before the latter had vacated the premises, that, if he vacated, he would hold…
2Cases cited4 opinions
- Underhill v. . CollinsNew York Court of Appeals · 1892
- In Re the General Assignment of HevenorNew York Court of Appeals · 1895
- Gray v. Kaufman Dairy & Ice Cream Co.New York Supreme Court · 1895
- Underhill v. CollinsNew York Supreme Court · 1891