46 Misc. 436 | N.Y. App. Term. | 1905
In each of these proceedings to recover possession of real property for -the nonpayment of taxes, the justice made a final order in favor of the tenant, putting his decision upon the express ground that the Municipal Court “has no jurisdiction in the premises and that these summary proceedings under the statute will not lie -because a right of ‘ re-entry ’ for the same cause is reserved in the lease.” The premises are now held under a lease for twenty-one years, executed in 1892, being a second renewal of a lease executed in 1850. It is expressly agreed in the present lease that it is made'“upon the same terms, conditions and covenants as are in the said original indenture of lease contained and expressed.” The rights and remedies of the parties are then to be determined as if the terms; conditions and covenants of the lease of 1850 were incorporated into the present lease of 1892. Among these covenants is one
It follows that the final order in each case must be re>versed and new trial granted with costs to the appellant.
Giegerich and McCall, JJ., concur.
Final order in each case reversed and new trial granted, with costs to appellant to abide event,.