Bloomingdale v. Steubing
New York Court of Common Pleas
Appeal from city court, general term. Action by Joseph B. Bloomingdale and another against Henry Steubing for forcibly and wrongfully entering and taking possession of premises 160-162 East Fifty-Ninth street, in the city of New York, leased by defendant to plaintiffs. From an order of the city court (30 N. Y. Supp. 1062) reversing an order setting aside, as inadequate, a verdict in favor of plaintiffs for six cents damages, plaintiffs appeal.
1Opinion of the CourtDaly, C. J.
The plaintiffs, lessees of the premises in question, vacated them on February 1,1892, having paid the rent in advance to the end of their term, which expired May 1st; and the testimony of both plaintiffs and defendant shows conclusively that by agreement between them the defendant was allowed to enter and take possession, and to try and find a tenant for the premises for the unexpired term of the plaintiffs’ lease. The allegation of the complaint that the defendant forcibly and wrongfully entered and took possession was therefore not sustained upon the trial; but the issue submitted to the…
2Cited by1 opinion
- Bloomingdale v. SteubingNew York Court of Common Pleas · 1895