Hoey v. Cloud — 67 N.Y.S. 1135

Majority

p. 1135

HOEY, Respondent, v. CLOUD, Appellant.

(Supreme Court, Appellate Term.

December 26, 1900.)

Headnote

Summary proceedings by Sarah Hoey against Frederick E. Cloud. From a final order in favor of plaintiff, defendant appeals.

Reversed.

Guggenheimer, Untermeyer & Marshall (Moses Weinmann, of counsel), for appellant.

Albert I. Sire, for respondent.

There is not sufficient evidence in this case to support a finding, either that the petitioner had obtained a renewal of the lease of the premises in question from her lessor, or that a renewal agreement was •executed between the petitioner and her subtenant. While there is slight evidence relating to negotiations between the petitioner and a representative of her lessor, yet it does not appear that the agreement was consummated, and the verdict of the jury is without evidence tc support it. Final order reversed, and new tria ■ordered, with costs to the appellant to abidr the event.