People Ex Rel. Durham Realty Corp. v. La Fetra
New York Court of Appeals
Appeal, in each of the above-entitled proceedings, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 24, 1920, which affirmed an order of Special Term denying a motion for a premptory writ of mandamus to compel the defendant to issue a precept for the eviction from the relator’s premises of a holdover tenant. The facts, so far as material, are stated in the opinion.
1Opinion of the CourtPound, J.
The relator in each case, except for the laws enacted at the extraordinary session of the legislature convened in September, 1920, to deal with an emergency in the housing situation in Greater New York, was, under subdivision 1 of section 2231 of the Code of Civil Procedure, entitled to institute summary proceedings for the removal of its tenant upon the expiration of his term. The leased premises were used for dwelling purposes. The tenant had, by written lease executed before the passage of the September laws, contracted to surrender the premises at the expiration of the term and the term…
2Cases cited44 opinions
- Munn v. IllinoisSupreme Court of the United States · 1877
- Nash v. United StatesSupreme Court of the United States · 1913
- New York Central Railroad Company v. WhiteSupreme Court of the United States · 1916
- Ex Parte MilliganSupreme Court of the United States · 1867
- Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1911
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3Cited by204 opinions
- Home Building & Loan Assn. v. BlaisdellSupreme Court of the United States · 1934
- Marcus Brown Holding Co. v. FeldmanSupreme Court of the United States · 1921
- Matter of Wulfsohn v. BurdenNew York Court of Appeals · 1925
- Dowsey v. Village of KensingtonNew York Court of Appeals · 1931
- Matter of N.Y. City H. Authority v. MullerNew York Court of Appeals · 1936
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