Witty v. Acton
New York Supreme Court
Appeal from special term, New York county. Action by Mary E. Witty against Thomas C. Acton and Alphonso S. Sherwood. A demurrer to the complaint was sustained, with leave to plaintiff to amend, and an interlocutory judgment for defendants was entered thereon. Plaintiff not having served an amended complaint within the time allowed therefor, final judgment was entered for defendants. From such final judgment plaintiff appeals.
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Appeal from special term, New York county. Action by Mary E. Witty against Thomas C. Acton and Alphonso S. Sherwood. A demurrer to the complaint was sustained, with leave to plaintiff to amend, and an interlocutory judgment for defendants was entered thereon. Plaintiff not having served an amended complaint within the time allowed therefor, final judgment was entered for defendants. From such final judgment plaintiff appeals. The following opinion was rendered on the hearing of the demurrer, at special term, by Ingraham, J.: “The complaint alleges the making of a lease of certain premises in…
1Opinion of the CourtBrady, J.
The question presented' by this appeal is whether a lessee removed from the demise as a tenant holding over, without the permission of the landlord, after a default in the payment of the rent due, pursuant to the agreement under which the demised premises are held, and a demand thereof, and who also holds over, under like circumstances, after a default in the payment, for 60 days from the time the same shall be payable, of any taxes or assessments which the tenant has agreed to pay, can avail himself of the provisions of section 2256 of the Code, which allows the tenant, at any time within 1…
2Cited by1 opinion
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