Brien v. Romano
Appellate Terms of the Supreme Court of New York
Appeal from a final order, in favor of the landlord, made in . a summary proceeding in the- Municipal Court of the city of Mew York, borough, of Manhattan, for the tenth district.
1Opinion of the CourtLeventritt, J.
The landlord instituted summary proceedings against the tenant, alleging that he was holding over on a monthly tenancy. The petition besides reciting the customary facts sets forth that the statutory notice in writing to the effect that the landlord elected to terminate the tenancy, had been duly served on the tenant five days .before the expiration of the alleged term. The answer denied every allegation of the petition, except that the respondent was the landlord of the' premises. At the trial no proof whatever was offered of the service of this notice. This 'defect of proof has in this…
2Cases cited2 opinions
- Tolman v. HeadingAppellate Division of the Supreme Court of the State of New York · 1896
- Hedden v. NederburgAppellate Terms of the Supreme Court of New York · 1899
3Cited by1 opinion
- Simmons v. PopeAppellate Terms of the Supreme Court of New York · 1903