Kramer v. Amberg
New York Court of Common Pleas
Appeal from Second district court. This was a summary proceeding instituted by William Kramer, landlord, against Gustav Amberg, tenant, to obtain possession of the premises known as the “Thalia Theater,” 46 and 48 Bowery, Hew York City. Defendant’s lease would not have expired by limitation until May 1, 1891, but plaintiff claimed the right to possession on the ground that defendant had violated one of the conditions of his lease, in subletting the premises.
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Appeal from Second district court. This was a summary proceeding instituted by William Kramer, landlord, against Gustav Amberg, tenant, to obtain possession of the premises known as the “Thalia Theater,” 46 and 48 Bowery, Hew York City. Defendant’s lease would not have expired by limitation until May 1, 1891, but plaintiff claimed the right to possession on the ground that defendant had violated one of the conditions of his lease, in subletting the premises. Judgment for plaintiff, and defendant appeals.
1Per curiam
The Code has not introduced any change into the statute relating to summary proceedings, and the decisions that construed the statute that the Code has superseded must control our construction of section 2281 of the Code. It has been the law of this state for many years that summary proceedings for the removal of a tenant will not lie where the landlord is seeking to recover possession on account of a breach by the tenant of some condition of the lease. Where the lease comes to an end on the happening of a designated event, without reference to the wishes of the landlord, so that without the…
2Cases cited1 opinion
- Beach v. . NixonNew York Court of Appeals · 1853
3Cited by18 opinions
- Norman S. Riesenfeld, Inc. v. R-W Realty Co.Appellate Division of the Supreme Court of the State of New York · 1928
- In re Guaranty Building Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Janes v. PaddellNew York Supreme Court · 1910
- Kelly v. VarnesAppellate Division of the Supreme Court of the State of New York · 1900
- Fowler Court Tenants, Inc. v. YoungCivil Court of the City of New York · 1983
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