Aaron v. Baum
The Superior Court of New York City
Trial by the court. ' This action was brought to obtain an injunction restraining the prosecution of summary proceedings by a landlord against a tenant. The proceedings against which the injunction was sought were instituted before .the city judge, by the defendants in the present action, Mayer Baum, and another, claiming to be landlords of the premises in question, No. 30 Oliver-street, in the City of New York, against one Levi Aaron as tenant.
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Trial by the court. ' This action was brought to obtain an injunction restraining the prosecution of summary proceedings by a landlord against a tenant. The proceedings against which the injunction was sought were instituted before .the city judge, by the defendants in the present action, Mayer Baum, and another, claiming to be landlords of the premises in question, No. 30 Oliver-street, in the City of New York, against one Levi Aaron as tenant. Pending the proceedings the present plaintiff, Paulina Aaron, commenced this action against the defendants, praying for an injunction restraining the…
1Opinion of the CourtMonell, J.
I am warranted by the evidence in this case in finding all the facts necessary to establish that the plaintiff is entitled to hold the possession of the premises in question under the lease from Rauth to Aaron & Henzler. I am satisfied-that such lease has never, in fact or by operation of law, been canceled or surrendered ; and that therefore the plaintiff’s holding under it cannot lawfully be disturbed in or by any proceeding to recover the possession "of the premises, instituted by the defendants against her husband, or in any proceeding' to which she is not a party.
I have found that the…
2Cases cited1 opinion
- Duigan v. HoganThe Superior Court of New York City · 1858