Legal Opinion

Witherbee, Sherman & Co. v. Wykes

Appellate Division of the Supreme Court of the State of New York

Decided November 12, 1913PublishedCited by 10 opinions

Appeal by the petitioner, Witherbee, Sherman & Company, from an order of the Essex County Court, entered in the office of the clerk of the county of Essex on the 14th day of July, 1913, reversing a final order of a justice of the peace in summary proceedings, dated March 11,1913. .

1Opinion of the Court

Smith, P. J.:

By the final order of the justice the petitioner as landlord was awarded possession of certain premises rented by the respondent. In the petition it is stated:

“That on or about the 1st day of August, 1904, your petitioner as landlord let and rented said premises unto Harry B. Wykes at the rate of $4 per month from the said 1st day of August, 1904, for no fixed period, which said term has expired.
“ IV. That your petitioner caused on the 20th day of January, 1913, a notice in writing to be served on- said tenant requiring him to remove from said premises within thirty days from the…

2Cases cited2 opinions

  1. People Ex Rel. Botsford v. . DarlingNew York Court of Appeals · 1872
  2. Witherbee, Sherman & Co. v. Wykes, New York County Courts1913

3Cited by10 opinions

  1. Margolies v. LawrenceCivil Court of the City of New York · 1971
  2. Besdine v. LeitnerCity of New York Municipal Court · 1938
  3. Hand v. Knaul, New York County Courts1921
  4. Bastede v. LevanCity of New York Municipal Court · 1939
  5. Hunt v. HartCity of New York Municipal Court · 1947

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