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

  1. Benjamin v. . BenjaminNew York Court of Appeals · 1851
  2. Evertson v. SuttonNew York Supreme Court · 1830

3Cited by2 opinions

  1. President & Directors of Manhattan Co. v. NiebergCity of New York Municipal Court · 1936
  2. Stevens v. NyeAppellate Division of the Supreme Court of the State of New York · 1954