Freund v. Kearney
Appellate Terms of the Supreme Court of New York
This is an appeal by the petitioner from a final order of the Municipal Court of the City of New York, borough of Manhattan, sixth district, made in favor of the occupant, Jane H. Mills, by the justice thereof,, upon a trial had without a* jury.
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This is an appeal by the petitioner from a final order of the Municipal Court of the City of New York, borough of Manhattan, sixth district, made in favor of the occupant, Jane H. Mills, by the justice thereof,, upon a trial had without a* jury. The 'said Jane H. Mills died shortly after the making of the final order, and by an order of'this court, Lucille 0. Kearney, executrix and trustee of the last will and .testament of said Jane H. Mills, deceased, was substituted in her place and stead as respondent herein. ‘ " The natureof the proceedings ,and the material facts aré stated in the…
1Opinion of the Court
' Giegerich, J.
These proceedings were brought to remove the respondent’s testatrix, Jane H. Mills, from a certain portion of the store in the building known as number 68 West Twenty-third street, in the city of New York, into which, it is alleged, she intruded and squatted upon, without the permission of the applicant.
The answer of said respondent’s testatrix was a general denial, and alleged that she went into the possession of the .premises on March 1st, 1895, under a lease made by the appellant to her..
The appellant during the times hereafter mentioned, was the lessee of the entire store,…
2Cases cited13 opinions
- Doe ex dem. Summerlin v. RoeSupreme Court of Georgia · 1856
- Harris v. . OakleyNew York Court of Appeals · 1891
- Prentiss v. BrewerWisconsin Supreme Court · 1864
- Lanman v. CrookerIndiana Supreme Court · 1884
- Thompson v. JonesWisconsin Supreme Court · 1856
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3Cited by2 opinions
- Aschenbach v. KeeneAppellate Terms of the Supreme Court of New York · 1905
- Mittler v. HerterCity of New York Municipal Court · 1902