Legal Opinion

Orville Realty Co. v. Warnick

Appellate Terms of the Supreme Court of New York

Decided November 15, 1920PublishedCited by 1 opinion

Appeal by defendant from a judgment of the Municipal Court of the city of New York, borough of Manhattan, ninth district, in favor of plaintiff after a trial by a judge without a jury.

1Opinion of the CourtBurnt, J.

This action is brought to recover from defendant for use and occupation of premises in Warren county, N. Y., for a period from November 15, 1918, to April 15,1919, in the sum of $700. The undisputed facts are that the defendant for years had been occupying the property in question during the summer months under written leases from plaintiff’s predecessor, and continued that course after 1916, when the plaintiff acquired the property. His occupancy was under a written lease, which for the first year of plaintiff’s ownership ran from May, 1917, to October, 1917. The lease for the second year…

2Cases cited9 opinions

  1. Kennedy v. . City of New YorkNew York Court of Appeals · 1909
  2. Herter v. . MullenNew York Court of Appeals · 1899
  3. Conway v. StarkweatherCourt for the Trial of Impeachments and Correction of Errors · 1845
  4. Evertsen v. SawyerNew York Supreme Court · 1829
  5. Smith v. AlltNew York Court of Common Pleas · 1878

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3Cited by1 opinion

  1. David v. GoldsteinAppellate Division of the Supreme Court of the State of New York · 1943

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