Legal Opinion

Miller v. . Levi

New York Court of Appeals

Decided May 6, 1871PublishedCited by 54 opinions

Appeal from an order of the General Term of the Superior Court of Buffalo, affirming, upon certiorari, proceedings for the removal of a tenant, had before the County Judge of Erie county.

Read the full summary

Appeal from an order of the General Term of the Superior Court of Buffalo, affirming, upon certiorari, proceedings for the removal of a tenant, had before the County Judge of Erie county. This proceeding was instituted by a landlord against his tenant, before the county judge of Erie county, to recover the possession of certain demised premises, situate in the city of Buffalo, under the provisions of the Revised Statutes, in case of a tenant holding over after the expiration of his term. The affidavit of the landlord, upon which the summons was issued, set forth that, on the thirtieth of…

1Opinion of the Court

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] One of the express terms of the lease, under which Levi entered, reserved to Miller the right to sell the demised premises, and to limit Levi's term therein to the expiration of sixty days after notice of the sale. The sale and notice, as specified in the lease, were thus made the condition by which Levi's term in the premises was limited to the lapse of sixty days from the sale and notice. The only issue taken by Levi was upon the allegation contained in the…

2Cited by54 opinions

  1. Morlee Sales Corp. v. Manufacturers Trust Co.New York Court of Appeals · 1961
  2. Perrotta v. Western Regional Off-Track Betting Corp.Appellate Division of the Supreme Court of the State of New York · 1983
  3. Johnson v. . BrooksNew York Court of Appeals · 1883
  4. Norman S. Riesenfeld, Inc. v. R-W Realty Co.Appellate Division of the Supreme Court of the State of New York · 1928
  5. Outland v. BowenIndiana Supreme Court · 1888

49 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API