Eells v. Morse
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Fifth District. Summary proceedings by Mary Witt Bells against Jamin S- Morse. From an order in favor of plaintiff, defendant appeals.
1Opinion of the CourtWhitney, J.
The main defense of the tenant to this proceeding, which was brought against him as a hold-over, was that the landlord had'made a new lease of the apartment, commencing at .the end of the term of the tenant’s written lease, and prior to the commencement of the proceeding. The new lease was offered in evidence by the tenant, but excluded by the court, and his exception to its exclusion presents the only point worthy of consideration.
The objection is based on United Merchants’ Company v. Roth, 193 N. Y. 570, 576, 577, 86 N. E. 544. That case construed section 193 of the real property law (Laws…
2Cases cited10 opinions
- Capital Traction Co. v. HofSupreme Court of the United States · 1899
- Pennock v. DialogueSupreme Court of the United States · 1829
- Trull v. . GrangerNew York Court of Appeals · 1853
- United Merchants' Realty & Improvement Co. v. RothNew York Court of Appeals · 1908
- People Ex Rel. Outwater v. . GreenNew York Court of Appeals · 1874
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3Cited by2 opinions
- Simon v. HermannCity of New York Municipal Court · 1911
- Eels v. MorseAppellate Division of the Supreme Court of the State of New York · 1910