Legal Opinion

Terwilliger v. . Browning, King Co.

New York Court of Appeals

Decided December 4, 1917PublishedCited by 5 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered April 26, 1915, affirming a judgment in favor of defendant dismissing the complaint upon failure of plaintiff to serve an amended complaint, pursuant to leave • granted him .in an interlocutory judgment sustaining a demurrer to. the complaint. The notice of appeal brings up for review the interlocutory judgment.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered April 26, 1915, affirming a judgment in favor of defendant dismissing the complaint upon failure of plaintiff to serve an amended complaint, pursuant to leave • granted him .in an interlocutory judgment sustaining a demurrer to. the complaint. The notice of appeal brings up for review the interlocutory judgment. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff is entitled to damages for the destruction of the leased premises. (Code…

1Opinion of the CourtCollin, J.

The plaintiff seeks to recover the damages sustained by reason of the refusal of the defendant, a corporation, to deliver to him, upon a tender by him in accordance with section 2256 of the Code of Civil Procedure, the possession of premises in New York city from which the defendant had removed him, as its tenant, through summary proceedings after his default in paying the rent. The defendant demurred to the complaint as not stating facts sufficient to constitute a cause of action. The demurrer was sustained at Special Term by an interlocutory judgment permitting the service of an amended…

2Cases cited2 opinions

  1. Trull v. . GrangerNew York Court of Appeals · 1853
  2. Bernhard v. CurtisSupreme Court of Connecticut · 1903

3Cited by5 opinions

  1. United States v. 531/4 ACRES OF LAND, MORE OR LESS, ETC.Court of Appeals for the Second Circuit · 1943
  2. Terwilliger v. Browning, King & Co.Appellate Division of the Supreme Court of the State of New York · 1920
  3. United States v. 53¼ Acres of Land, More or LessDistrict Court, E.D. New York · 1942
  4. Davenport Trading Corp. v. 684 Owners Corp.Civil Court of the City of New York · 1995
  5. Terwilliger v. Browning, King & Co.Appellate Division of the Supreme Court of the State of New York · 1920

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