Kelly v. Smith
New York Court of Common Pleas
Appeal from district court. ¡Reversed. Summary proceeding by Mary I. Kelly against Elliott E. Smith. There was judgment for plaintiff, and defendant appeals. In 1885, Alfred Corning Clark, owner of the fee, let the premises to Thomas P. Kelly for a term of 10 years. On 15th January, 1891, Kelly sublet for the residue of the term to the defendant, Smith.
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Appeal from district court. ¡Reversed. Summary proceeding by Mary I. Kelly against Elliott E. Smith. There was judgment for plaintiff, and defendant appeals. In 1885, Alfred Corning Clark, owner of the fee, let the premises to Thomas P. Kelly for a term of 10 years. On 15th January, 1891, Kelly sublet for the residue of the term to the defendant, Smith. On 13th June, 1891, Kelly assigned the Smith lease to the respondent, Mary I. Kelly, and she was the petitioning landlord in the proceeding. Kelly’s lease from Clark was not assigned to defendant.
1Opinion of the CourtPryor, J.
The contention of the appellant is that on the evidence the respondent sustained no such relation to the term or to the tenant as would give the court jurisdiction to entertain the proceeding; and that, therefore, there was error in denying the motion to dismiss it. The point presented appears to be without precedent; nevertheless, upon familiar principles, its solution is neither difficult nor doubtful. Declaring the law as it had been ruled theretofore, and as it has been uniformly held since, in 1862 this court said: “Prom the time the statute was passed authorizing summary proceedings for…
2Cases cited8 opinions
- Benjamin v. . BenjaminNew York Court of Appeals · 1851
- The People Ex Rel. Ainslee v. . HowlettNew York Court of Appeals · 1879
- Demarest v. WillardNew York Supreme Court · 1828
- People Ex Rel. Mitchell v. SimpsonNew York Court of Appeals · 1863
- Imbert v. HallockNew York Court of Common Pleas · 1862
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Suderov v. OgleAppellate Terms of the Supreme Court of New York · 1991
- Goodman v. Schached, New York County Courts1932
- Stover v. ChasseNew York Court of Common Pleas · 1894
- Kelly v. SmithNew York Court of Common Pleas · 1892
- Stover v. ChasseNew York Court of Common Pleas · 1893