Jarvis v. . Driggs
New York Court of Appeals
Appeal from judgment of the General Term of the court of Common Pleas in and for the city and county of New York, affirming a judgment in favor of plaintiffs entered upon a verdict. This action was brought to recover rent alleged to be due, under and upon a one year’s lease of certain premises in the city of New York.
Read the full summary
Appeal from judgment of the General Term of the court of Common Pleas in and for the city and county of New York, affirming a judgment in favor of plaintiffs entered upon a verdict. This action was brought to recover rent alleged to be due, under and upon a one year’s lease of certain premises in the city of New York. The only evidence presented upon the trial on the part of plaintiffs was the record of summary proceedings, instituted by plaintiffs against defendants to remove them from the premises for non-payment of rent due. The affidavit upon which the proceedings wore based alleged the…
1Opinion of the CourtAndrews, J.
The determination of the magistrate in the summary proceedings instituted by the plaintiffs against the defendants did not establish the amount of rent due from the defendants at the time the proceedings were taken. The affidavit alleged the existence of the lease, the occupation by the defendants of the demised premises, the amount of rent due, and a holding over by the defendants after default in the payment of rent without consent of the landlords, and that the rent had been demanded. In Brown v. The Mayor, recently decided in this court, * which was an action brought to recover rent…
2Cases cited1 opinion
- Brown v. Mayor of New YorkNew York Court of Appeals · 1876
3Cited by36 opinions
- Reich v. . CochranNew York Court of Appeals · 1896
- Nemetty v. . NaylorNew York Court of Appeals · 1885
- Durant Land Improvement Co. v. East River Electric Light Co.New York Court of Common Pleas · 1889
- Dolan v. LinnenCivil Court of the City of New York · 2003
- Prince v. SchlesingerAppellate Division of the Supreme Court of the State of New York · 1906
31 more not listed; retrieve them via the Exa API.