Simmons v. Pope
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Second District Action by Charles H. Simmons against Michael E. Pope and others. From a Municipal Court judgment in favor of plaintiff, defendant Sbarrie appeals. Reversed.
1Opinion of the CourtBischoff, J.
The appellant was an undertenant of a portion of the premises; his tenancy being from month to month, according to the most favorable view of the landlord’s case. In March, 1903, the principal lease was surrendered, but one of the principal tenants continued to collect the rents from undertenants, at the landlord’s request, and as his agent. The landlord’s purpose, as expressed in his letter to the agent, was to conceal from the under-tenants the proposed tearing down of the building, and thus to preserve the tenancy as long as possible. Upon the evidence, there can *974be no room for dispute…
2Cases cited1 opinion
- Brien v. RomanoAppellate Terms of the Supreme Court of New York · 1899
3Cited by1 opinion
- Simmons v. PepeAppellate Terms of the Supreme Court of New York · 1904