the-practice-at-law-in-equity-and-in-special-proceedings-in-all-the-courts-of-record-in-the-state-of-new-york-with-appropriate-forms-volume-5

Author : William Wait
Publisher : Rarebooksclub.com
ISBN 13 : 9781230077970
Total Pages : 366 pages
Book Rating : 4.0/5 (779 download)

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Download or read book The Practice at Law; in Equity, and in Special Proceedings, in All the Courts of Record in the State of New York; with Appropriate Forms Volume 5 written by William Wait and published by Rarebooksclub.com. This book was released on 2013-09 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1875 edition. Excerpt: ...a party to this remedy. Williams v. Bigelow, 11 How. 83; Burnett v. Scribner, 16 Barb. 621. And generally this remedy has no application where the relation of landlord and tenant is created merely by operation of law. Ib. See Keneda v. Gardner, 3 Barb. 589; Dolittle v. Eddy, 7 id. 74; Livingston v. Tanner, 14 N. Y. (4 Kern.) 64; reversing S. C., 12 Barb. 481; Carlisle v. llcUall, 1 Hilt. 399; People v. Simpson, 14 Abb. 457, and notes. Summary proceedings cannot be instituted under the statute, on the ground of the expiration of the term by forfeiture. The expiration of the term intended by the statute is expiration by lapse of time. Oakley v. Schoonmaker, 15 Wend. 226; Beach v. Nixon, 9 N. Y. (5 Seld.) 35, 37. Where, previous to the expiration of his lease, a tenant abandoned the demised premises, and possession thereof was taken without his privity or consent by another, it was held, that no such relation of landlord and tenant arose from the occupancy of the latter, between him and the lessor, as authorized a removal for holding over after the term of the lease, by summary proceedings under the statute. People v. Honey, 4 Lans. 86. c. Where tenant has made default in the payment of rent. The second case, in which the statutory remedy may be resorted to for the removal of a tenant, is where such tenant shall hold over, without the permission of the landlord, after any default in the payment of rent, pursuant to the agreement under which the premises are held. 2 R. S. 513 (529), 28, sub. 2. To entitle the landlord to the remedy in this case, it must be made to appear, not only that such holding over is without his permission, but that the tenant holds the premises under the agreement pursuant to which the rent is claimed to be due...