Rothlein v. Hewitt
New York Supreme Court
Motion by the defendant to change the place of trial from Kings to Hew York as of right. Action for damages for trespass upon real property, the complaint being that the plaintiff being a tenant of certain real estate of the defendant in the city of Hew York, the defendant entered thereon by force and made certain alterations which curtailed the size and use of the premises, and interrupted the plaintiff’s business, to his damage.
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Motion by the defendant to change the place of trial from Kings to Hew York as of right. Action for damages for trespass upon real property, the complaint being that the plaintiff being a tenant of certain real estate of the defendant in the city of Hew York, the defendant entered thereon by force and made certain alterations which curtailed the size and use of the premises, and interrupted the plaintiff’s business, to his damage. The answer pleads a defense that the lease reserved to the landlord the right to make such entry and alterations.
1Opinion of the Court
G-atnob, J.:
This action is not included among those which must be tried in the county where the subject of the action is situated, unless under the general provision that every action “ to recover or procure a judgment * * * * establishing, determining, defining, forfeiting, annulling or otherwise affecting an estate, right, title, lien or other interest in real property”, must be tried in the county where such real property is situated (Code Civ. Pro., § 982). The judgment asked for here affects the “ right ” of the defendant to enter upon her real property. Besides, it seems that every…
2Cases cited1 opinion
- Litchfield v. International Paper Co.Appellate Division of the Supreme Court of the State of New York · 1899
3Cited by1 opinion
- Fontana v. Town of HempsteadNew York Supreme Court · 1961