In re Lonas
Appellate Division of the Supreme Court of the State of New York
Appeal by the tenant, Bame Silver, from an order of the County Court of the county of Kangs, entered in the office of the clerk of said county on the 19th day of April, 1922, denying the tenant’s motion to dismiss the petition in summary proceedings to dispossess, upon the ground of lack of jurisdiction.
1Opinion of the Court
Rich, J.:
This is a summary proceeding instituted under section 1410, subdivision 1, of the Civil Practice Act to recover possession of demised premises occupied for business and not for residential purposes. That statute re-enacted section 2231, subdivision 1, of the Code of Civil Procedure.
The premises were demised for the term of ten years from January 1, 1920, to Barne Silver and Samuel Neuwirth, who prior to October 1, 1921, transferred his interest to the tenant, Silver. The lease provided, among other things, that in the event that any portion of the premises were taken over by the city…
2Cases cited5 opinions
- Beach v. . NixonNew York Court of Appeals · 1853
- Miller v. . LeviNew York Court of Appeals · 1871
- In re Guaranty Building Co.Appellate Division of the Supreme Court of the State of New York · 1900
- 507 Madison Avenue Realty Co. v. MartinAppellate Division of the Supreme Court of the State of New York · 1922
- Ashton Holding Co. v. LevittAppellate Division of the Supreme Court of the State of New York · 1920
3Cited by7 opinions
- Burnee Corp. v. Uneeda Pure Orange Drink Co.Appellate Terms of the Supreme Court of New York · 1928
- McCutcheon Realty Corp. v. KilbCity of New York Municipal Court · 1927
- Family Showtime Theatres of Bay Parkway, Inc. v. Toys "R" Us-Nytex, Inc. (In Re Family Showtime Theatres, Inc.)District Court, E.D. New York · 1987
- Koss v. United Stores Realty Corp.Appellate Terms of the Supreme Court of New York · 1933
- Norman S. Riesenfeld, Inc. v. R. W. Realty Co.City of New York Municipal Court · 1926
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