Cornwell v. . Sanford
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 30, 1915, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 30, 1915, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. When the defendant surrendered possession of the premises to the plaintiff on the 15th day of July, 1906, in compliance with the final order in the summary proceedings, the lease was canceled, and the relationship of landlord and tenant no longer existed, and the plaintiff is…
1Opinion of the CourtCollin, J.
The action is to recover moneys alleged to be owing by the defendant as rent for real estate. The justice at Trial Term directed a verdict in favor of-the plaintiff arid the Appellate Division has affirmed the judgment consequent thereon.
The cardinal facts are: In May, 1902, the plaintiff as landlord and the defendant as tenant entered into a written lease of the premises to end May 1, 1907. It provided that the annual rent should be paid monthly in advance. On June 23, 1906, the plaintiff instituted, in the Municipal Court of Buffalo, summary proceedings for the removal of the defendant and…
2Cases cited8 opinions
- Wisner v. . OcumpaughNew York Court of Appeals · 1877
- Ash v. PurnellNew York Court of Common Pleas · 1890
- Boehm v. RichNew York Court of Common Pleas · 1885
- Jemison v. . Bell Telephone Co.New York Court of Appeals · 1906
- Riglander v. Nile Tobacco WorksAppellate Terms of the Supreme Court of New York · 1897
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3Cited by42 opinions
- Metropolitan Life Ins. Co. v. . Childs Co.New York Court of Appeals · 1921
- In Re Shoppers Paradise, Inc.United States Bankruptcy Court, S.D. New York · 1980
- International Publications, Inc. v. MatchabelliNew York Court of Appeals · 1933
- Rosenfeld v. AaronNew York Court of Appeals · 1928
- Jacob Hoffmann Brewing Co. v. WuttgeNew York Court of Appeals · 1923
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