Fuchs v. Cohen
New York Court of Common Pleas
Appeal from district court. Action of forcible entry and detainer by Julia Fuchs against Morris W. Cohen and others. From a judgment for plaintiff, defendants appeal.
1Opinion of the CourtPryor, J.
Upon an attentive examination of the evidence in this proceeding, the conclusion is irresistible that not the petitioner, but her husband, was the person whose possession was invaded, and that the invasion complained of was not characterized by the violence and terror essential in the legal definition of a forcible entry. The petitioner’s claim of tenancy was obviously a mere pretense; and the respondent’s conduct in foreclosing the mortgage, if rough and resolute, still lacked the element of threat and force necessary to constitute the grievance remediable by the proceeding. We are of…
2Cases cited2 opinions
- People ex rel. Niles v. SmithNew York Supreme Court · 1857
- Schneider v. LeitzmanNew York Supreme Court · 1890
3Cited by8 opinions
- Marchand v. HaberNew York Supreme Court · 1896
- Babcock v. Dean, New York County Courts1931
- Engel, Heller Co. v. Henry Elms. Brewing Co.Appellate Terms of the Supreme Court of New York · 1902
- Goodman v. Schached, New York County Courts1932
- New York City Baptist Mission Society v. PotterNew York Supreme Court · 1897
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