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Woodruff v. Dennison

66 N.Y.S. 1150 Court N.Y. App. Div. Decision date 1900-10-09 English

Contents

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p. 1150
WOODRUFF, Respondent, v. DENNISON et al., Appellants.
(Supreme Court, Appellate Division, Fourth Department.
October 9, 1900.)

Headnote

In the matter of the application of Sidney H. Woodruff for removal from certain premises in the city of Buffalo of Everard C. Dennison and another.

Judgment of municipal court reversed, with costs. Held, that the election of the petitioner to terminate the lease by reason of the failure of his tenants to pay rent did not create an expiration of term, within the meaning of section 2231, subd. 1, Code Civ. Proc., and summary proceedings cannot, therefore, be maintained on that ground. See In re Guaranty Building Co., 52 App. Div. 140 , 64 N. Y. Supp. 1056 ; Kelly v. Varnes, 52 App. Div. 100 , 64 N. Y. Supp. 1040 .