Herubin v. Malackowski
Oneida County Court
Appeal from an order in summary proceedings in Justice’s Court, city of Utica, which order awards the possession of the premises in question to the tenant.
1Opinion of the CourtHazard, J.
It seems that the petitioner by a deed dated November 10, 1919, obtained title to certain real premises in Utica. At that time the respondent was a tenant occupying a part of the premises. He had a written lease dated September 17, 1917, which lease was for the term of “ one year, with the privilege of four years more from the 1st day of October, 1917, which term will end October 1st, 1918, or 1922.” This lease was signed by the plaintiff’s grantor and by the tenant, but was not acknowledged, and consequently not recorded. Obviously, the tenant had exercised his option to remain for the full…
2Cases cited4 opinions
- James v. . PattenNew York Court of Appeals · 1851
- Younger v. . DuffieNew York Court of Appeals · 1884
- Dunn v. DunnAppellate Division of the Supreme Court of the State of New York · 1912
- Roggen v. AveryNew York Supreme Court · 1872
3Cited by6 opinions
- Varon v. Trimble, Marshall & Goldman, P.C. (In Re Euro-Swiss International Corp.)United States Bankruptcy Court, S.D. New York · 1983
- Baccari v. De SantiAppellate Division of the Supreme Court of the State of New York · 1979
- Hardway Restaurant, Inc. v. Once Upon a Stove, Inc. (In Re Hardway Restaurant, Inc.)United States Bankruptcy Court, S.D. New York · 1983
- Brown v. State Automobile Insurance Assn.Supreme Court of Minnesota · 1944
- Fox v. SizeLandNew York Supreme Court · 1938
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