Provost v. Donohue
New York Supreme Court
Appeal from Queens county court. Summary proceeding, brought by John C. Provost, as landlord, against • Thomas F. Donohue, as tenant, to recover possession of real property in Long" Island City for non-payment of rent. The answer to the petition “(1) denies ■ each and every allegation therein contained.
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Appeal from Queens county court. Summary proceeding, brought by John C. Provost, as landlord, against • Thomas F. Donohue, as tenant, to recover possession of real property in Long" Island City for non-payment of rent. The answer to the petition “(1) denies ■ each and every allegation therein contained. (2) Alleges that no relation of landlord and tenant exists between the said John C. Provost and said Thomas ■ F. Donohue in respect of the premises described in the petition herein; that this respondent is in possession of and using and occupying said premises as the-equitable owner thereof…
1Opinion of the CourtPratt, J.
The evidence in this case is ample to sustain the verdict of the jury, and the only questions raised relate to the rulings of the judge who presided at the trial. There are many exceptions, but the decision must turn upon the question whether the portions of the answer stricken out, and the-*300items of evidence excluded, constituted any defense to the plaintiff’s claim. 'That the plaintiff was the owner of the premises, that they were occupied by the defendant, and that there was a failure to pay for use and occupation, :there is no dispute. It is also clear that if there was any renting that…
2Cited by1 opinion
- In re WrightSuperior Court of Buffalo · 1891