Shaw v. McCarty
New York Marine Court
Mbs. Julia A. Shaw commenced proceedings in the marine court against her tenant, John McCarty, to cancel his lease of the Rapid Transit Hotel, in East Forty-second street, near the Grand Central Railway Depot, and to eject him from the premises for sub-letting the basement of the hotel for a policy shop, in violation of the statute.
1Opinion of the CourtMcAdam, J.
—The statute under which this proceeding is authorized provides that whenever the lessee or occupant of demised premises shall use or occupy the same, or any part thereof, for any illegal business, the lease or agreement for *488the letting or occupancy of such premises shall thereupon become void and the landlord may re-enter, &c. (1873, chap. 583), and substantially the same language is employed by the Code of Civil Procedure (sec. 2231). The tenant did not personally use the demised premises for any illegal trade, but he sub-let the basement thereof to one Lampson as a “ policy shop,” an…
2Cases cited1 opinion
- Dexter v. ClarkNew York Supreme Court · 1861
3Cited by3 opinions
- 220 West 42 Associates v. CohenAppellate Terms of the Supreme Court of New York · 1969
- Commonwealth Realty Co. v. Fred Miller Brewing Co.Wisconsin Supreme Court · 1927
- Cyrus v. PortmanNew York Marine Court · 1879