Opinion
January, 1914.
Present — Ingraham, P.J., McLaughlin, Laughlin, Clarke and Scott, JJ.
Application denied, with ten dollars costs. Order signed.
January, 1914.
Present — Ingraham, P.J., McLaughlin, Laughlin, Clarke and Scott, JJ.
Application denied, with ten dollars costs. Order signed.
Full title:Jacob Herb and Others v. James R. Day
Court:Appellate Division of the Supreme Court of New York, First Department
Date published: Jan 1, 1914
The burden of proof to establish a surrender rests upon the tenant. ( Levitt v. Zindler, 136 A.D. 695, 696;…
Matter of Barnes( Dagett v. Champney, 122 App. Div. 254, 256; Thomas v. Nelson, 69 N.Y. 118.) "To show a surrender, the…