Valentine v. Healey
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Warren M. Healey and another, from-a judgment of the Supreme Court in favor of the plaintiff, entered upon the verdict of a jury rendered by direction of the court after a trial at the New York Circuit, and also from an order denying the defendants’ motion for a new trial made upon the minutes. The action was brought to recover rent under a lease. The real property leased was owned by plaintiff and the defendant Healey as tenants in common.
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Appeal by the defendants, Warren M. Healey and another, from-a judgment of the Supreme Court in favor of the plaintiff, entered upon the verdict of a jury rendered by direction of the court after a trial at the New York Circuit, and also from an order denying the defendants’ motion for a new trial made upon the minutes. The action was brought to recover rent under a lease. The real property leased was owned by plaintiff and the defendant Healey as tenants in common. Hay 30, 1891, these owners joined in a lease of the property to the defendants, who were co-partners, and one of whom, Healey,…
1Opinion of the Court
Williams, J.:
This case lias twice been tried. On the former trial the complaint was dismissed on the ground that Healey being a part owner of the property, it was to be presumed that he remained in possession after the expiration of the term of one year with his partner as part owner and not under the lease, and that, therefore, their remaining in possession did not entitle the plaintiff to treat the lease as renewed for another year. Upon a motion for a new trial on a case and exceptions ordered to be heard in the first instance at the General Term, the exceptions were sustained and a new…
2Cases cited2 opinions
- Schuyler v. . SmithNew York Court of Appeals · 1873
- Valentine v. HealeyNew York Supreme Court · 1895
3Cited by3 opinions
- Solomon v. KittayAppellate Division of the Supreme Court of the State of New York · 1960
- Valentine v. . HealeyNew York Court of Appeals · 1904
- Valentine v. HealeyAppellate Division of the Supreme Court of the State of New York · 1902