440 West End Avenue, Inc. v. Dempster
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, 440 West End Avenue, Inc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 30th day of August, 1921, upon an order granting defendant’s motion for judgment on the pleadings and dismissing the complaint.
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Appeal by the plaintiff, 440 West End Avenue, Inc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 30th day of August, 1921, upon an order granting defendant’s motion for judgment on the pleadings and dismissing the complaint. Plaintiff alleges that it is a domestic corporation; that on or about October 1, 1918, defendant entered into, possession of a certain apartment in the premises No. 150 West Eightieth street, Manhattan, pursuant to the terms of a lease in writing between Edith A. Hawk, the then owner of…
1Opinion of the Court
Laughlin, J.:
The point presented by the appeal is whether, in view of our emergency Rent Laws, so called, of 1920 (Laws of 1920, chaps. 136, 942-949), a landlord may maintain an action for trespass against a tenant who holds over beyond the expiration of his term. It is perfectly clear that by those statutes the Legislature has forbidden the removal of a tenant who holds over after the expiration of his term, either by a summary proceeding or by ejectment, unless he fails to pay rental for the use of the premises at the former rate without challenging the reasonableness thereof, or to pay a…
2Cases cited5 opinions
- Marcus Brown Holding Co. v. FeldmanSupreme Court of the United States · 1921
- People Ex Rel. Durham Realty Corp. v. La FetraNew York Court of Appeals · 1921
- Guttag v. ShatzkinAppellate Division of the Supreme Court of the State of New York · 1920
- Farnham Realty Corp. v. LibermanAppellate Division of the Supreme Court of the State of New York · 1921
- Michael E. Paterno Realty Co. v. HattenbachAppellate Terms of the Supreme Court of New York · 1921
3Cited by11 opinions
- 1239 Madison Avenue Corp. v. NeuburgerAppellate Division of the Supreme Court of the State of New York · 1924
- 137 East 66th Street, Inc. v. LawrenceNew York Supreme Court · 1922
- Stern v. Equitable Trust Co.Appellate Division of the Supreme Court of the State of New York · 1924
- Goodwin v. HumbertAppellate Division of the Supreme Court of the State of New York · 1926
- Lerner v. WolfAppellate Terms of the Supreme Court of New York · 1923
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