47 Misc. 370 | N.Y. App. Term. | 1905
The condition as to cancellation in the lease herein involved does not- differ in any essential particular from that considered in Miller v. Levi, 44 N. Y. 489, which was determined to constitute a conditional limitation of the term permitting the maintenance of a summary proceeding for holding over. There is no force in the contention that the case is different because in the lease now under consideration the language is that in the contingency provided for,
Final order reversed and new trial granted, with costs to appellant to abide the event.
Tbuax and Dowling, JJ., concur. .
Final order reversed and new trial granted, with' costs to appellant to abide event.