Newman v. O'Rourke
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Brooklyn, First District. Two summary proceedings by Fmanuel Newman, as agent for owners, against Michael O’Rourke and others. From final orders awarding the possession of two separate buildings, at Nos. 108 and 110 Montague street, borough of Brooklyn, to plaintiff, defendants appeal.
1Opinion of the CourtKapper, J.
Summary proceedings brought on behalf of the heirs at law of the deceased wife to oust the husband from premises owned by the wife and in which the husband had no right of curtesy.
[1-3] The presence of the husband in the premises at the time of the wife’s death did not constitute a legal occupancy. The final orders import a finding that the husband was present solely by the wife’s sufferance. Martin v. Rector, 101 N. Y. 77, 81, 4 N. E. 183. The legal title was in the wife, so that both the occupation and possession, in a legal sense, was that of the wife, and not of the husband. Kavanagh v.…
2Cases cited4 opinions
- Kavanagh v. . BarberNew York Court of Appeals · 1892
- Martin v. . RectorNew York Court of Appeals · 1886
- Lincoln Trust Co. v. HutchinsonAppellate Terms of the Supreme Court of New York · 1910
- Danihee v. . HyattNew York Court of Appeals · 1897
3Cited by1 opinion
- Williams v. AltAppellate Division of the Supreme Court of the State of New York · 1919