Witty v. Acton
New York Supreme Court
Action by Mary T. Witty against Thomas O. Acton to recover possession of certain premises leased from defendant. Defendant demurred to the complaint on the ground that it did not state facts sufficient to constitute a cause of action. Code B. Y. § 2253, provides that the issuing of a warrant for the removal of a tenant cancels the agreement and annuls the relation of landlord and tenant.
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Action by Mary T. Witty against Thomas O. Acton to recover possession of certain premises leased from defendant. Defendant demurred to the complaint on the ground that it did not state facts sufficient to constitute a cause of action. Code B. Y. § 2253, provides that the issuing of a warrant for the removal of a tenant cancels the agreement and annuls the relation of landlord and tenant. Section 2256 provides that where the proceeding for the removal of a tenant is founded on an allegation that the lessee holds over after a default in the payment of rent, and the unexpired term of the lease…
1Opinion of the CourtIngraham, J.
The complaint alleges the making of a lease of certain premises in the city of Yew York on the 31st of March, 1881, by defendant, Acton, to plaintiff, for a term of 21 years, whereby plaintiff was to pay certain rent in equal quarterly payments; and further promised and agreed to pay “all duties, taxes', and assessments” as should be imposed on said premises. That plaintiff paid the rent until February 1, 1887, and that on the 9th of March, 1887, the agent of the defendant applied to one of the district courts of the city of Yew York to remove the plaintiff, and presented his petition…
2Cited by6 opinions
- Bien v. BixbyAppellate Terms of the Supreme Court of New York · 1896
- Petrakakis v. Crown Hotels, Inc.Appellate Division of the Supreme Court of the State of New York · 1956
- Stover v. ChasseNew York Court of Common Pleas · 1894
- Peabody v. Long Acre Square Building Co.New York Court of Appeals · 1907
- Peabody v. Long Acre Square Building Co.Appellate Division of the Supreme Court of the State of New York · 1906
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