Low v. Thompson
Appellate Terms of the Supreme Court of New York
Appeal by the petitioners from a final order in summary proceedings, rendered in the Municipal Court of the city of Hew York, third district, borough of Manhattan.
1Opinion of the CourtSeabury, J.
The petition in this proceeding was brought for the purpose of dispossessing the tenant for nonpayment of rent. The justice of the Municipal Court, before whom this proceeding came on to be heard, dismissed the proceeding.
The decision of the court below was based upon the view that under the lease between the parties the nonpayment of rent creates a condition, upon the breaking of which the landlord had the right to re-enter, and not a limitation of the term after the expiration of which the tenant would become a mere hold over.
The lease contained the following clause: “And the said' *542party of…
Also in this document: Concurrence.
2Cases cited2 opinions
- Lyon v. . HerseyNew York Court of Appeals · 1886
- Kelly v. VarnesAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by2 opinions
- Barney Estate Co. v. Palmer & Singer Manufacturing Co.New York Supreme Court · 1910
- Seasongood v. SmithCity of New York Municipal Court · 1921