Holzderber v. Forrestal
New York Court of Common Pleas
Appeal from a final order of the district court in the City of New York for the Third Judicial District in a sum•mary proceeding for the recovery of the possession of real property. The proceeding was brought to obtain delivery to the landlord of the possession of the first floor of the building No. 575 Hudson street in the City of New York from the tenant holding over after May 1st, 1884, the alleged expiration of the term.
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Appeal from a final order of the district court in the City of New York for the Third Judicial District in a sum•mary proceeding for the recovery of the possession of real property. The proceeding was brought to obtain delivery to the landlord of the possession of the first floor of the building No. 575 Hudson street in the City of New York from the tenant holding over after May 1st, 1884, the alleged expiration of the term. The tenant contended that she was in possession by virtue of a verbal letting for one year from May 1st, 1884. The final order of the justice awarded the possession to…
1Opinion of the CourtJ. F. Daly, J.
The evidence on defendant’s part to establish a tenancy for one year from May 1st, 1884, was that in July, 1883, she agreed with the landlord for a hiring from July, 1883, to May 1st, 1884, at $100 per month, and for one year thereafter at $110 per month. She claimed that this constituted two separate agreements, and that it was not within the Statute of Frauds although not in writing. The justice held that the arrangement constituted but a single agreement, which rvas a hiring for more than one year, and, being verbal, was void. This decision was clearly right. Any other interpretation would…
2Cases cited2 opinions
- Young v. . DakeNew York Court of Appeals · 1851
- Prial v. EntwistleNew York Court of Common Pleas · 1882
3Cited by2 opinions
- Reserve Finance Corp. v. RosenNew York Supreme Court · 1926
- Hess v. MartinAppellate Terms of the Supreme Court of New York · 1901