Buchanan v. . Whitman
New York Court of Appeals
Appeal, by permission, from a judgment of the Genera] Term of the Supreme Court in the second judicial department, entered February 26, 1894, which reversed a judgment of the Orange County Court, reversing a judgment of a justice of the peace of the town of Deerpark, Orange county, in favor of the plaintiff. The nature of the proceedings and the facts, so far as materia], are stated in the opinion.
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Appeal, by permission, from a judgment of the Genera] Term of the Supreme Court in the second judicial department, entered February 26, 1894, which reversed a judgment of the Orange County Court, reversing a judgment of a justice of the peace of the town of Deerpark, Orange county, in favor of the plaintiff. The nature of the proceedings and the facts, so far as materia], are stated in the opinion. The action was commenced before the expiration of the original term and the plaintiff, when he filed his petition, had no right to remove the defendant. (Wilcox v. Wood, 9 Wend. 346; People v. N.…
1Opinion of the CourtBartlett, J.
The plaintiff instituted summary proceedings to recover possession of premises leased by him to defendant, on the ground that the tenant was holding over after the expiration of his term. The defendant answering the petition, denied that the term of his tenancy had expired, and averred that under the provisions of the lease he had the privilege of renewal for another year, of which he had availed himself. •
The first important question presented is whether the term of the tenancy had expired when these proceedings were begun. The lease, bearing date the 8tli day of April, 1892, contained this…
2Cases cited2 opinions
- James v. . PopeNew York Court of Appeals · 1859
- Deyo v. BleakleyNew York Supreme Court · 1856
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- Irving v. IrvingAppellate Court of Illinois · 1918
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