Spiro v. Barkin

Appellate Terms of the Supreme Court of New York

Decided December 15, 1899

Appellate Terms of the Supreme Court of New York · decided 1899-12-15

1. Summary proceedings — Acceptance by landlord of a note on time. Proof, made in summary proceedings, that the landlord accepted from his tenants, in present payment of rent for the whole term, among other things, their non-negotiable note payable at the end of the term, precludes the landlord from dispossessing the tenants before the maturity of the note. MacLean, J., dissented. 8. Same — Bent not recoverable. A recovery for rent cannot be had in summary proceedings,

Decided 1899-12-15

MacLean, J.

¶1(dissenting). In this proceeding to dispossess for non-payment of rent there was involved merely a question of fact which the justices determined in favor of the landlord, and under the common practice of this court such determination is not to be disturbed save under conditions which are not present herein. The propriety or impropriety of a judgment for rent is not before this court, because it is no part of the final order from which, and from which alone, the appeal herein is taken. The order should, therefore, be affirmed.

¶2Judgment and final order reversed, with costs.