Olson v. Schevlovitz
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Gustav Olson, as agent for Emily J. Olson, from a final order of the Municipal Court of the city of New Tork, borough of Brooklyn, in favor of the defendant, entered on the 24th day of November, 1903, dismissing a petition in summary proceedings.
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Appeal by the plaintiff, Gustav Olson, as agent for Emily J. Olson, from a final order of the Municipal Court of the city of New Tork, borough of Brooklyn, in favor of the defendant, entered on the 24th day of November, 1903, dismissing a petition in summary proceedings. Section 202 of the Real Property Law (Laws.of 1896, chap. 547), which is referred to in the opinion, provides as follows : “An agreement, for the occupation of real property in the city of New Tork, which shall not particularly specify the duration of the occupation, shall be deemed to continue until the first day of May,…
1Opinion of the Court
Hirschberg, P. J. :
The proceedings were instituted for the removal of the tenant and the recovery by the landlord of the possession of the demised premises for non-payment of the rent for the months of September and October, 1903. The premises consisted of a store ón Halsey street in the borough of Brooklyn, and two rooms on the store floor. The defense was that the tenant had been evicted by the landlord from a substantial portion of the demised premises, and that the right to recover either the rent or the possession' of the premises was accordingly suspended during the period of eviction,…
2Cases cited4 opinions
- Boreel v. . LawtonNew York Court of Appeals · 1882
- Sirey v. BraemsAppellate Division of the Supreme Court of the State of New York · 1901
- Gilfoyle v. CahillAppellate Terms of the Supreme Court of New York · 1896
- Ludington v. SeatonAppellate Terms of the Supreme Court of New York · 1900
3Cited by6 opinions
- Two Rector Street Corp. v. BeinAppellate Division of the Supreme Court of the State of New York · 1929
- Ernst v. StrausAppellate Division of the Supreme Court of the State of New York · 1906
- Thompson v. R. B. Realty Co.Washington Supreme Court · 1919
- Koltz v. 97 Columbia Heights Realty Corp.New York Supreme Court · 1957
- Lawrence v. KatcherCity of New York Municipal Court · 1909
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