(Download) "Matter Emanuel Petrakakis v. Crown Hotels" by Supreme Court of New York ~ eBook PDF Kindle ePub Free
eBook details
- Title: Matter Emanuel Petrakakis v. Crown Hotels
- Author : Supreme Court of New York
- Release Date : January 20, 1956
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
[3 A.D.2d 635 Page 635] Appeal by the tenant from a final order in a summary proceeding granted by the County Court of Greene County. This summary
proceeding was brought to recover possession of demised premises, under the purported authority of subdivision 3 of section
1410 of the Civil Practice Act, upon the ground that the tenant had failed to pay the taxes upon the premises as he was required
to do by the terms of the lease. The property was located in the village of Tannersville. A tenant may not be removed from
village property upon the ground of nonpayment of taxes. Subdivision 3 of section 1410 by its terms applies only to city property.
In the absence of a provision in the lease expressly making unpaid taxes a part of the rent of the premises, taxes may not
be treated as part of the rent for the purpose of maintaining a summary proceeding under subdivision 2 of section 1410 (Bien
v. Bixby, 18 Misc. 415; Bixby v. Casino Co., 14 Misc. 346; People ex rel. Wilson v. Swayze, 15 Abb. Prac. 432; Witty v. Acton,
[3 A.D.2d 635 Page 63658]