Kelley v. Osborn
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, M. Edward Kelley, from a determination and judgment of the Appellate Term of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 3d day of November, 1915, reversing a judgment of the Municipal Court of the City of New York, borough of Manhattan, ninth district, in plaintiff’s favor and dismissing the complaint.
1Opinion of the Court
Scott, J.:
The facts upon which this judgment rests are simple. Defendant was the lessee of certain property in the city of Brooklyn under a lease which would expire by its terms on May 1, 1915. This lease was subject to a previously executed mortgage by the owner of the property to the present plaintiff. That mortgage was foreclosed and the plaintiff bought in the property. The defendant had been in occupation during all the time of the foreclosure action, paying the rent to a receiver, and as soon as plaintiff took possession of the property or acquired title thereto, which was on July…
2Cases cited6 opinions
- Ward v. . HasbrouckNew York Court of Appeals · 1902
- Austin v. . AhearneNew York Court of Appeals · 1874
- Commonwealth Mortgage Co. v. De WaltoffAppellate Division of the Supreme Court of the State of New York · 1909
- Simers v. SaltusNew York Supreme Court · 1846
- O'Donnell v. . McIntyreNew York Court of Appeals · 1890
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3Cited by5 opinions
- Roosevelt Hotel Corp. v. WilliamsMissouri Court of Appeals · 1933
- Maxrice Realty Corp. v. B/G Sandwich Shops, Inc.Appellate Division of the Supreme Court of the State of New York · 1933
- Four Hundred Sixty-One Eighth Avenue Co. v. Childs Co.Appellate Division of the Supreme Court of the State of New York · 1918
- Jacob Reich, Inc. v. FordonAppellate Division of the Supreme Court of the State of New York · 1931
- Benguiat v. Gotham National BankAppellate Division of the Supreme Court of the State of New York · 1941