Adams v. . City of Cohoes
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme ■Court in the third judicial department, entered upon an order made July 6, 1889, which affirmed a judgment in favor of defendant, entered upon a verdict directed by the court. This action was brought to recover rent of rooms on the second floor in plaintiff’s building occupied by the officers and agents of defendant.
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Appeal from judgment of the General Term of the Supreme ■Court in the third judicial department, entered upon an order made July 6, 1889, which affirmed a judgment in favor of defendant, entered upon a verdict directed by the court. This action was brought to recover rent of rooms on the second floor in plaintiff’s building occupied by the officers and agents of defendant. The occupation was under these circumstances : The defendant had prior to March 1, 1875, occupied certain rooms in plaintiff’s buildings at the agreed annual rent of $700, payable .semi-annually on May first and November…
1Opinion of the CourtPotteb, J.
There are two questions involved in the consideration of this appeal. The one is whether the defendant was bound to give the plaintiff notice of its intention to quit the premises before it could successfully maintain a defense to the claim for rent set forth in the complaint in this action and if it was so bound, whether the undisputed facts established upon the trial of the action, do not constitute such notice.
If such notice was not required, or if required and was sufficiently given, the direction' of the trial court to the jury to render a verdict for the defendant was proper.
From the…
2Cases cited4 opinions
- Schuyler v. . SmithNew York Court of Appeals · 1873
- Reeder v. . SayreNew York Court of Appeals · 1877
- Conway v. StarkweatherCourt for the Trial of Impeachments and Correction of Errors · 1845
- Park v. CastleNew York Supreme Court · 1860
3Cited by46 opinions
- City Coal Co. v. MarcusSupreme Court of Connecticut · 1920
- Ray v. BlackmanMissouri Court of Appeals · 1906
- 28 Mott Street Co. v. Summit Import Corp.Civil Court of the City of New York · 1970
- Printerion Realty Corp. v. Fischer-Partelow, Inc.Appellate Terms of the Supreme Court of New York · 1938
- Smith v. Dairymen's League Co-operative Ass'nNew York Supreme Court · 1945
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