Cohen v. Melle
Appellate Terms of the Supreme Court of New York
Appeal by the tenant from an order, made herein September 14, 1903, disallowing the disbursements as costs in summary proceedings brought against him in the Municipal Court of the city of New York, to recover possession of real estate, and from so much of a final order made herein September 15, 1903, as fails to award him his actual disbursements after a discontinuance of the proceedings by the landlord before final submission.
1Opinion of the CourtDavis, J.
The plaintiff began this proceeding in August, 1903, to recover possession of certain portions of the premises numbers 332 and 336 East Fifteenth street, New York city, on the ground that the tenant was holding over beyond his term without permission of the landlord.
After the disagreement of the jury at a trial had August 11, 1903, the case was set down to be retried on August twenty-fifth following. On the latter date the proceeding was discontinued on the application of the landlord, the justice awarding fifteen dollars costs to the tenant. The precept bears an indorsement to that effect.…
2Cited by6 opinions
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- Maneely v. MayersAppellate Terms of the Supreme Court of New York · 1904
- In re RossNew York Supreme Court · 1919
- Simon v. SchmittCity of New York Municipal Court · 1909
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