Rothstein v. Steinbugler
Appellate Terms of the Supreme Court of New York
Appeal by the landlords from a judgment and final order in favor of the tenant, entered in summary proceedings in the Municipal- Court of the city of New York, fourth district, borough of Manhattan.
1Opinion of the CourtMacLean, J.
The landlords by verified petition, claiming their tenant was a tenant from month to month, sought to dispossess him on the ground that he was a hold-over. The tenant by verified answer, among other things, denied that he was a monthly tenant. The only proof of the nature of the tenancy was the introduction in evidence of the summons *553and complaint in a prior action between the same parties to recover for rent due. That complaint was verified, and recited “ such occupation and tenancy being from month to month, and being at the rate of one hundred and twenty-three dollars and fifty cents…
2Cases cited2 opinions
- House v. . LockwoodNew York Court of Appeals · 1893
- Brown v. Mayor of New YorkNew York Court of Appeals · 1876
3Cited by2 opinions
- Von der Horst v. WolinskyCity of New York Municipal Court · 1930
- Devine v. KilcommonsAppellate Terms of the Supreme Court of New York · 1910