Fells v. Morse
New York Supreme Court
Appeal by the tenant from a final order in summary proceedings, entered in favor of the landlord in the Municipal Court of the city of Hew York, fifth district, borough of Manhattan.
1Opinion of the CourtWhitney, J.
The main defense of the tenant to this proceeding, which was brought against him as a hold 'over, was that the landlord had made a new lease of the apartment, commencing at the end of the term of the tenant’s written lease, and prior to the commencement of the proceeding. The new lease was offered in evidence by the tenant, but excluded by the court • and his exception to its exclusion presents the only point worthy of consideration. The objection is based on United Merchants’ Co. v. Roth, 193 N. Y. 570, 576, 577. That case construed section 193 of the Beal Property Law of 1895, chapter 547,…
2Cases cited8 opinions
- Capital Traction Co. v. HofSupreme Court of the United States · 1899
- Pennock v. DialogueSupreme Court of the United States · 1829
- Trull v. . GrangerNew York Court of Appeals · 1853
- United Merchants' Realty & Improvement Co. v. RothNew York Court of Appeals · 1908
- People Ex Rel. Outwater v. . GreenNew York Court of Appeals · 1874
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3Cited by2 opinions
- Simon v. HermannCity of New York Municipal Court · 1911
- Eels v. MorseAppellate Division of the Supreme Court of the State of New York · 1910