Legal Opinion

Kelly v. Miles

New York Supreme Court

Decided March 15, 1888Published

Appeal from a judgment in favor of the plaintiff, entered upon tlie trial of tbis action at Special Term.

1Opinion of the Court

Daniels, J-:

The plaintiff was a tenant of tlie defendants in tbe use and occupation of premises known as 1231 Broadway. ' They executed and delivered to him a lease of these premises for the term of three years from the 1st of May, 1883, and it was covenanted in the lease and an agreement afterwards added thereto, that the plaintiff should *7yield up possession of the premises for two months during the summer of 1883, but for which he should still pay the rent. The defendants were, themselves, lessees of the same property, and the object of surrendering the possession for the two months was to…

2Cases cited5 opinions

  1. Dyett v. PendletonCourt for the Trial of Impeachments and Correction of Errors · 1826
  2. Jarvis v. . DriggsNew York Court of Appeals · 1877
  3. Truesdell v. . SarlesNew York Court of Appeals · 1887
  4. Belden v. . the StateNew York Court of Appeals · 1886
  5. Lansing v. Van AlstyneNew York Supreme Court · 1829

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