In re Kopczynski
Appellate Division of the Supreme Court of the State of New York
Appeal by the tenant, Albert Kusper, from a judgment of the County Court of Chemung county in favor of the landlord, entered in the office of the clerk of said county on the 9th day of July, 1912, reversing an order and judgment of the City Court of Elmira in favor of the plaintiff, and also an appeal from the order of said County Court upon which said judgment was entered.
1Opinion of the Court
Kellogg, J.:
The plaintiff instituted summary proceedings to remove the defendant from her premises as a tenant for non-payment of rent. The lease was made in the name of her husband as the lessor, for two years from March 15, 1911, at a monthly rental of eighteen dollars in advance. The defendant occupied the premises as a butcher shop. Water was supplied to the shop through the same meter that supplied the tenants on the second floor and the tenant in another building belonging to the plaintiff. City water was furnished to the defendant without additional cost until February 20, 1912, when…