Wissel v. Ott
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, George Ott, 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 2d day of May, 1898, upon the decision of the court rendered after a trial at the Kings County Trial Term before the court without a jury.
1Opinion of the Court
Cullen, J.:
This action is in ejectment to recover premises of which .the plaintiff’s father died seized. We are inclined to think that the *160defendant was a tenant at will, entitled to the statutory thirty days’ notice to quit, and that the refusal of the trial court to dismiss the complaint, made at the close of the plaintiff’s case, was erroneous.. (Larned v. Hudson, 60 N. Y. 102.) But the appellant is precluded from' raising this objection by his subsequent action on the trial. The plaintiff had put in evidence, as part of his case, a decree of the surrogate made in proceedings for the…
2Cases cited1 opinion
- Larned v. . HudsonNew York Court of Appeals · 1875
3Cited by2 opinions
- In re the Estate of KennyNew York Surrogate's Court · 1982
- In re RourkeAppellate Division of the Supreme Court of the State of New York · 1910