Gray v. Kaufman Dairy & Ice Cream Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Kaufman Dairy and Ice Cream Company, from, a judgment of the Supreme Court in favor of the-plaintiff, entered in the office of the clerk of the county of Kings on the 8th day of February, 1896, upon the verdict of a jury rendered by direction of the court after a trial at a Trial Term of the Supreme Court held in and for the county of Kings.
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Appeal by the defendant, The Kaufman Dairy and Ice Cream Company, from, a judgment of the Supreme Court in favor of the-plaintiff, entered in the office of the clerk of the county of Kings on the 8th day of February, 1896, upon the verdict of a jury rendered by direction of the court after a trial at a Trial Term of the Supreme Court held in and for the county of Kings. This action was brought to recover certain installments of rent under a lease made by the plaintiff to the defendant of a store, and basement.
1Opinion of the Court
Hatch, J.:
The state of the law governing the disposition of this case is far from satisfactory, and in some respects there seems to have been a. departure from well-settled rules governing the relation of landlord and tenant and the rights and obligations which flow therefrom. We seem forced in the disposition of this case to make choice between authorities which cannot be reconciled. We proceed to state the dilemma. In Underhill v. Collins (132 N. Y. 269) it was held that a landlord, who had notified his tenant, before the latter had vacated the premises, that if he vacated he would hold him…
2Cases cited3 opinions
- Underhill v. . CollinsNew York Court of Appeals · 1892
- In Re the General Assignment of HevenorNew York Court of Appeals · 1895
- Gray v. Kaufman Dairy & Ice Cream Co.New York Supreme Court · 1895
3Cited by21 opinions
- Kottler v. New York Bargain House, Inc.New York Court of Appeals · 1926
- Sancourt Realty Corp. v. DowlingAppellate Division of the Supreme Court of the State of New York · 1927
- Saracena v. PreislerAppellate Division of the Supreme Court of the State of New York · 1917
- White v. SmithOhio Court of Appeals · 1917
- 59 Madison Avenue Corp. v. BauerCity of New York Municipal Court · 1958
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