Lyons v. Gavin
Appellate Terms of the Supreme Court of New York
Appeal from a final order made in summary proceedings in the Municipal Court of the city of New York, tenth district, borough of Manhattan, awarding possession of the premises to the landlord.
1Opinion of the CourtLevehteitt, J.
This was a summary proceeding to recover possession of premises let under a sealed written lease, default having been suffered for thirteen months’ rent. None of the appellant’s points have merit.
1. He attempts to raise a jurisdictional question, resting it on an obvious misconstruction of the case of Michaels v. Fishel, 169 N. Y. 381. That case did not hold that summary proceedings would not lie to recover possession of the demised promises, but simply held that the term “ re-enter,” in the independent covenant whereby the lessee could recover for a deficiency, was such re-entry as is…
2Cases cited4 opinions
- Michaels v. . FishelNew York Court of Appeals · 1902
- Howard v. DoolittleThe Superior Court of New York City · 1854
- Dalton v. LoughlinNew York Court of Common Pleas · 1877
- Patterson v. City of BinghamtonNew York Supreme Court · 1895
3Cited by1 opinion
- Consumers Park Brewing Co. v. GreenbergerAppellate Terms of the Supreme Court of New York · 1905