Tunick v. Federal Food Stores, Inc.
Appellate Terms of the Supreme Court of New York
Appeal by the landlord from a final order dismissing his petition to regain possession of the premises occupied by the tenant as a store only, after a trial in the Municipal 'Court of the city of New York, borough of Brooklyn, second district.
1Opinion of the CourtKelby, J.
The premises in question were formerly owned by one Frederick Erlenwein, who died seized of said premises, leaving a last will and testament, which was duly probated in the Surrogate’s Court in July, 1914. By the terms of this will the premises in suit were devised absolutely to the children of said decedent, in equal shares, subject to a life estate of the testator’s widow, Ida Erlenwein. On September 18, 1919, the said life tenant, Ida Erlenwein, being in possession of the premises under the terms of said last will, entered into a written agreement with the Federal Food Stores, Inc., the…
2Cases cited3 opinions
- Williams v. . AltNew York Court of Appeals · 1919
- Guthmann v. ValleryNebraska Supreme Court · 1897
- Hinton v. BogartAppellate Division of the Supreme Court of the State of New York · 1915
3Cited by5 opinions
- In Re the Accounting of O'DonnellNew York Court of Appeals · 1925
- New York Railways Corp. v. Savoy Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1933
- Walls v. GiulianiDistrict Court, E.D. New York · 1996
- Boyar v. GoodmanAppellate Division of the Supreme Court of the State of New York · 1994
- Winegard v. LevyAppellate Terms of the Supreme Court of New York · 1923