Peabody v. Long Acre Square Building Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April' 6, 1906, which affirmed an order of the Appellate Term affirming an order of the Municipal Court of the city of New York made in summary proceedings, and awarding possession of the premises in suit to the plaintiffs. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April' 6, 1906, which affirmed an order of the Appellate Term affirming an order of the Municipal Court of the city of New York made in summary proceedings, and awarding possession of the premises in suit to the plaintiffs. The facts, so far as material, are stated in the opinion. The taxes were paid before the final order was granted, and for that reason the justice erred in including their non-payment as one of the grounds for granting the order. (Code Civ. Pro. § 2256 ; Witty v.…
1Opinion of the Court
Cullen, Ch. J.
This proceeding' was instituted by the respondents, as landlords, against the appellant who held possession of certain premises in the city of New York under a lease for the term of twenty years from November 1st, 1902, at an annual rent until May 1st, 1913, of $15,200, the tenant covenanting to pay all taxes and assessments. The proceeding was founded on a default by the tenant in the payment of a quarter’s rent due on the 1st day of May, 1904, and a failure to pay the annual taxes for the year 1903. The tenant answered and the proceedings were adjourned. Pending the…
2Cases cited5 opinions
- Reich v. . CochranNew York Court of Appeals · 1896
- Beach v. . NixonNew York Court of Appeals · 1853
- Jarvis v. . DriggsNew York Court of Appeals · 1877
- Oakley v. SchoonmakerNew York Supreme Court · 1836
- Witty v. ActonNew York Supreme Court · 1890
3Cited by1 opinion
- Davenport Trading Corp. v. 684 Owners Corp.Civil Court of the City of New York · 1995