Abbe v. Corbett

100 N.Y.S. 1103 Court N.Y. App. Div. Decision date 1906-10-17 English

Contents

Majority

p. 1103

ABBE, Appellant, v. CORBETT et al., Respondents.

(Supreme Court, Appellate Division, Second Department.

October 17, 1906.)

Headnote

Action by Richard F. Abbe against Charles H. Corbett, Jr., and another.

No opinion. The undisputed evidence established a surrender of the lease. Summary proceedings therefore lay, and it was error to dismiss. The final order of the Municipal Court dismissing the proceeding is therefore reversed, and a new trial ordered; costs to abide the event.