Tolman v. Heading
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Mark L. Heading, from an order, judgment and warrant of the County Court of the county of Clinton, entered in the office of the clerk of the county of Clinton on the 25th day of June, 1896, directing his removal from certain premises.
1Opinion of the Court
Parker, P. J.:
In order to maintain this summary proceeding, and to become entitled to an order removing the defendant Heading from the premises in question, it was incumbent upon the petitioner to prove either that he had demanded from Heading the rent which was due, or that he had served upon him, in behalf of the person's to whom the rent was due, at least three days’ notice in writing requiring the payment of the rent or the'possession of the premises. (See Code Civ. Proc. § 2231, subd. 2.) And the proof should also have shown that such notice was served in the manner required by that…
2Cases cited2 opinions
- Miner v. BurlingNew York Supreme Court · 1860
- People ex rel. Simon v. GrossNew York Supreme Court · 1867
3Cited by18 opinions
- Schwartz v. Weiss-NewellCivil Court of the City of New York · 1976
- Zenila Realty Corp. v. MasterandreaCivil Court of the City of New York · 1984
- Fitzgerald v. WashingtonCivil Court of the City of New York · 1975
- Zinsser v. HerrmanAppellate Terms of the Supreme Court of New York · 1898
- Alexander Muss & Sons v. RozanyAppellate Terms of the Supreme Court of New York · 1996
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