Legal Opinion
In re the Summary Proceedings by Norton
Appellate Division of the Supreme Court of the State of New York
Decided January 15, 1925PublishedCited by 2 opinions
1Opinion of the Court
Order unanimously affirmed, with costs, on the ground that even though the contract of sale may have been abandoned the conventional relation of landlord and tenant did not exist and that a summary proceeding is, therefore, an improper remedy under the authority of Evertson v. Sutton (5 Wend. 281); Benjamin v. Benjamin (5 N. Y. 383) and People ex rel. Mitchell v. Simpson (28 id. 55).
2Cases cited2 opinions
- Benjamin v. . BenjaminNew York Court of Appeals · 1851
- Evertson v. SuttonNew York Supreme Court · 1830
3Cited by2 opinions
- President & Directors of Manhattan Co. v. NiebergCity of New York Municipal Court · 1936
- Stevens v. NyeAppellate Division of the Supreme Court of the State of New York · 1954