Szpakowski v. Buway
Appellate Division of the Supreme Court of the State of New York
Appeal by Stanley Buway, tenant, from an order of the County Court of Erie county, entered in the office of the clerk of said county on the 12th day of May, 1914, awarding the possession of certain premises described in the petition to the petitioner, Wincenty Szpakowski, and directing that a warrant issue to remove the appellant from said premises.
1Opinion of the Court
Robson, J.:
The proceeding in which the order appealed from was granted was duly initiated by the petitioner, under the provisions of section 2231 of the Code of Civil Procedure, to remove the appellant as a tenant of the premises in question holding over after the expiration of his term without the permission of the landlord. The facts upon which the determination of the proceeding to be made hy the county judge should rest were stipulated by the parties. The written lease, under which the tenant, Buway, went into possession of the premises, was made *579by Thomas Smolarek, then the owner…
2Cases cited5 opinions
- Miller v. . LeviNew York Court of Appeals · 1871
- Matter of CoatsworthNew York Court of Appeals · 1899
- Manhattan Life Insurance v. GosfordNew York Court of Common Pleas · 1893
- Morton v. . WeirNew York Court of Appeals · 1877
- Abeel v. HubbellMichigan Supreme Court · 1883
3Cited by4 opinions
- Burnee Corp. v. Uneeda Pure Orange Drink Co.Appellate Terms of the Supreme Court of New York · 1928
- Hughes v. DonlonTennessee Supreme Court · 1923
- Koss v. United Stores Realty Corp.Appellate Terms of the Supreme Court of New York · 1933
- In re BalducciAppellate Division of the Supreme Court of the State of New York · 1921