Hyperlawhypertext legal database Havemeyer's Estate v. Stoddard 148 N.Y.S. 256

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Havemeyer's Estate v. Stoddard

148 N.Y.S. 256 Court Argued June term, 1914, before SEABURY, BIJUR, and PAGE, JJ. Decision date 1914-06-18 English

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p. 256
HAVEMEYER’S ESTATE v. STODDARD.
(Supreme Court, Appellate Term, First Department.
June 18, 1914.)

Headnote

Landlord and Tenant (§ 303*)—Summary Proceedings—Verification of Petition.
Summary proceedings by a landlord cannot be maintained where there is no proof that the person who verified the petition was his agent.
[Ed. Note.—For other cases, see Landlord and Tenant, Cent. Dig. §§ 1303-1309; Dec. Dig. § 303.*]
Appeal from Municipal Court, Borough of Manhattan, First District.
Action by the Estate of Henry O. Havemeyer against Charles H.. Stoddard. Final order in summary proceedings for plaintiff, and defendant appeals.
Reversed, and new trial granted.
Argued June term, 1914, before SEABURY, BIJUR, and PAGE, JJ.
Robert P. Beyer, of New York City, for appellant.
Joseph K. Ellenbogen, of New York City, for respondent.

Apart from the question raised as to the identity of the “Estate of Henry O. Havemeyer” in whose name this proceeding was brought, there was no proof that the person who verified the petition was the agent of the landlord.

Order reversed, and a new trial granted, with costs to appellant to abide the event. All concur.