Cochran v. Whitney
Appellate Terms of the Supreme Court of New York
Cross appeals from a final order of the Mnnicipal Court of the city of Mew York, borough of Manhattan, ninth district, in a summary proceeding, which order dismissed the proceeding without prejudice to the bringing of a new proceeding.
1Opinion of the CourtGiegerich, J.
This was a summary proceeding to remove the tenant upon the ground that he was holding over after the expiration of his term. The petition, after setting out a great deal of matter which is admittedly immaterial, alleged the making of a lease which expired on October 1, *5661909.. The answer denied, absolutely, a good deal of the immaterial matter and some of the conclusions, but made its denial of the material part of the petition in the form of a negative pregnant. The answer also set up a separate defense, the nature of which it is not necessary to state.
The issues being thus -confused,…
2Cases cited3 opinions
- Wall v. . the Buffalo Water Works CompanyNew York Court of Appeals · 1858
- Frees v. BlythAppellate Division of the Supreme Court of the State of New York · 1904
- Martin v. TarboxAppellate Terms of the Supreme Court of New York · 1898