Legal Opinion
King v. Schwartz
Appellate Terms of the Supreme Court of New York
Decided December 3, 1959PublishedCited by 4 opinions
1Per curiam
Either of the two tenants in common may maintain a proceeding to evict a holdover subtenant, with or without the consent of his tenant in common (Hungerford v. Smith, 268 App. Div. 949; Smith v. Dairymen’s League Co-operative Assn., 186 Misc. 82; Slade v. Hornick Co., 188 Misc. 455). The provisions of section 1415 of the Civil Practice Act were complied with in that the petitioner’s interest in the property was correctly set out.
The final order should be reversed, with $30 costs, and a final order directed in favor of the landlords as prayed for in the petition, with costs.
Concur — Steuer, J.…
2Cases cited3 opinions
- Smith v. Dairymen's League Co-operative Ass'nNew York Supreme Court · 1945
- Hungerford v. SmithAppellate Division of the Supreme Court of the State of New York · 1944
- Slade v. Louis Hornick Co.City of New York Municipal Court · 1947
3Cited by4 opinions
- Caprer v. NussbaumAppellate Division of the Supreme Court of the State of New York · 2006
- Cesbron v. ReardonCivil Court of the City of New York · 1973
- Matteo v. Ginger Estates, Inc.Civil Court of the City of New York · 1978
- Burack v. I. Burack, Inc.Yonkers City Court · 1985