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Lewis v. McRoberts

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1923
207 App. Div. 863 (N.Y. App. Div. 1923)

Opinion

November, 1923.

Present — Kelly, P.J., Rich, Kelby, Young and Kapper, JJ.


Motion for reargument denied, without costs. Our former adjudication [ ante, p. 855] had application only to the facts then before us. We did not intend to decide any subsequent action arising between the parties. We decided merely that the landlord had not accepted the surrender of the tenant, nor had he evicted the tenant at the time that that action was brought. Any subsequent claim of eviction or of surrender and acceptance must be decided upon the facts then submitted to the court.


Summaries of

Lewis v. McRoberts

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1923
207 App. Div. 863 (N.Y. App. Div. 1923)
Case details for

Lewis v. McRoberts

Case Details

Full title:MARY C. LEWIS, Respondent, v. ROWLAND R. McRoberts, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 1, 1923

Citations

207 App. Div. 863 (N.Y. App. Div. 1923)