Lyons v. Miller

City of New York Municipal Court

Lyons v. Miller

10 Misc. 43, 30 N.Y.S. 832, 63 N.Y. St. Rep. 179

DecidedOctober 15, 1894

StatusPublished

This text of 10 Misc. 43 (Lyons v. Miller) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lyons v. Miller, 10 Misc. 43, 30 N.Y.S. 832, 63 N.Y. St. Rep. 179 (N.Y. Super. Ct. 1894).

Pincite

Opinion

Fitzsimons, J.

The answer alleges that in the month of September, 1893, the defendant surrendered and the plaintiff accepted the demised premises. This allegation the defendant’s proof entirely failed to sustain.

Testimony tending to show an acceptance and surrender in August was properly excluded. The proof must follow the allegation; otherwise it is inadmissible; •

The judgment must be affirmed, with costs.

Newburger, J., concurs.

Judgment ‘affirmed, with costs.

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