Fleishauer v. Bell
Appellate Terms of the Supreme Court of New York
Appeal by the tenant from the final order of the Municipal Court of the city of Hew York, thirteenth district, borough of Manhattan, awarding possession of the premises to the landlords in summary proceedings for the tenant’s nonpayment of rent.
1Opinion of the CourtMacLean, J.
The final order herein, in summary proceedings for nonpayment of rent, was proper, for at the time the proceedings were instituted there was at least a balance due and unpaid. The contention, that summary proceedings for nonpayment of rent may not be maintained by a landlord when the lease provides fop re-entry, is without basis in law, for the case of McMahon v. Howe, 40 Misc. Rep. 546, so holding, has incorrectly interpreted the Court of Appeals, in Michaels v. Fishel, 169 N. Y. 381, wherein it was determined merely that ejectment is the proper action for re-entry, when the lease provides…
2Cases cited2 opinions
- Michaels v. . FishelNew York Court of Appeals · 1902
- McMahon v. Howe, New York County Courts1903
3Cited by4 opinions
- Seletzsky v. JamesAppellate Terms of the Supreme Court of New York · 1910
- Crosby v. JarvisAppellate Terms of the Supreme Court of New York · 1905
- Mulligan v. KrausNew York Supreme Court · 1915
- Yannuzzi v. GrapeAppellate Terms of the Supreme Court of New York · 1905