In re the Summary Proceedings by Norton
This text of 212 A.D. 845 (In re the Summary Proceedings by Norton) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Order unanimously affirmed, with costs, on the ground that even though the contract of sale may have been abandoned the conventional relation of landlord and tenant did not exist and that a summary proceeding is, therefore, an improper remedy under the authority of Evertson v. Sutton (5 Wend. 281); Benjamin v. Benjamin (5 N. Y. 383) and People ex rel. Mitchell v. Simpson (28 id. 55).
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