Rooney v. Flynn
Appellate Terms of the Supreme Court of New York
Appeal by plaintiff from judgment of the Municipal Court of the city of New York, borough of Manhattan, sixth district, in favor of plaintiff for eight dollars, and costs, after trial before the court without a jury.
1Opinion of the CourtMullan, J.
The defendant had been the plaintiff’s tenant for some years under successive monthly hirings. The rent was twenty-two dollars a month, payable in advance, on the fifth day of each month. On August fifteenth the defendant vacated. Although no papers in, or other proofs concerning,, the summary proceeding were offered in evidence, it appears from the record, and it is conceded upon, the briefs,, that a *611precept for dispossession was served upon the defendant sometime after August fifth and before he vacated on August fifteenth, and that the vacation made the issuance of a warrant unnecessary.…
Also in this document: Concurrence.
2Cases cited3 opinions
- Fifth Avenue Investment & Improvement Co. v. Bounsignore Realty Co.Appellate Terms of the Supreme Court of New York · 1912
- Berg v. KaiserAppellate Division of the Supreme Court of the State of New York · 1910
- Hoffert v. DuttonAppellate Terms of the Supreme Court of New York · 1911