Williams v. Alt
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Harry C. Williams, individually and as administrator, and others, from a determination of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 14th day of November, 1918, affirming a final order in summary proceedings entered in the office of the clerk of the Municipal Court of the City of New York, Borough of Manhattan, Fourth District, on the 13th day of May, 1918, in favor of the above-named…
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Appeal by the plaintiffs, Harry C. Williams, individually and as administrator, and others, from a determination of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 14th day of November, 1918, affirming a final order in summary proceedings entered in the office of the clerk of the Municipal Court of the City of New York, Borough of Manhattan, Fourth District, on the 13th day of May, 1918, in favor of the above-named occupants dismissing the petition of the above-named owners and affirming an intermediate order of said Municipal Court.
1Dissent
Latjghlin, J. (dissenting):
This is a summary proceeding to recover the possession of the premises known as No. 313 Third avenue, in the borough of Manhattan, New York, and it was instituted in the Municipal Court, Fourth District.
On the 3d of April, 1885, Thomas Mook died seized of the *242premises, leaving a last will and testament, which was duly-admitted to probate on the twenty-ninth of April thereafter, by which he devised the premises to his son Henry R. Mook and wife “ during their joint lives,” but he evidently intended that the survivor of them should continue to enjoy the life estate…
2Cases cited8 opinions
- United Merchants' Realty & Improvement Co. v. RothNew York Court of Appeals · 1908
- Benjamin v. . BenjaminNew York Court of Appeals · 1851
- Commonwealth Mortgage Co. v. De WaltoffAppellate Division of the Supreme Court of the State of New York · 1909
- Livingston v. . TannerNew York Court of Appeals · 1856
- Hinton v. BogartAppellate Division of the Supreme Court of the State of New York · 1915
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