Sarsfield v. Healy
New York Supreme Court
CEBTIOBABI to John A. Stammler, Esq. justice of the district court in the city of Hew York, for the seventh judicial district, to remove summary proceedings under the statute to recover the possession of land.
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CEBTIOBABI to John A. Stammler, Esq. justice of the district court in the city of Hew York, for the seventh judicial district, to remove summary proceedings under the statute to recover the possession of land. (2 R. 8. 512. 3 id. 5th ed. 836.) The affidavit upon which a warrant of dispossession was applied for, was made by Michael Callahan, the agent of the landlords, John Sarsfield and Mary Healy, and stated that on or about the 15th day of May, 1864, the said Sarsfield and Mary Healy let and rented the premises hereinafter described to Thomas Healy, and that said Thomas Healy hired and took…
1Opinion of the Court
By the Court,
Clerke, J.
I think this is a tenancy at will, and therefore within the provision relating to summary proceedings to recover the possession of land. Strictly speaking, an estate at will is where one man lets land to another to hold at the will of the lessor ; the agreement expressly providing that it shall be held at the will of the lessor. But it has been held if the tenant be placed on the land without any term prescribed, or rent reserved, and as a mere occupier, he is a mere tenant at will. (Post v. Post, 14 Barb. 253.) In the case before us, the tenant was allowed to occupy…
2Cases cited1 opinion
- Post v. PostNew York Supreme Court · 1852
3Cited by6 opinions
- Lewittes & Sons v. SpielmannAppellate Terms of the Supreme Court of New York · 1947
- Beauchamp v. RunnelsCourt of Appeals of Texas · 1904
- Maffetone v. MicariCity of New York Municipal Court · 1954
- President & Directors of Manhattan Co. v. NiebergCity of New York Municipal Court · 1936
- Peer v. O'LearyThe Superior Court of the City of New York and Buffalo · 1894
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