53 N.Y.S. 349 | N.Y. App. Div. | 1898
It appears from the proposed complaint that the respondents, as plaintiffs, in January, 1896, began an action against the appellants to procure certain relief arising out of a lease which the respondents’ ancestor had made tq the appellants and others. ' It was adjudged, among other things, as the result of that action, that the appellants, should pay to the respondents, for the use arid occupation of the premises in question, a certain sum, which was. fixed as. the valué of that use and occupation to the 1st day of March, 1897, the date of the entry of the judgment.' The judgment further provided that “And the defendant’s,
Pursuant to the judgment then entered the plaintiffs had the right, upon payment of a certain sum of money, to take possession of the premises, and on the 8th -of May, 1897, they took possession of those’ premises, and in the settlement of the amounts due, which was necessary to enable them to take such possession, the amount which had been fixed as'the value of the use and occupation down to the 1st day of March, 1897, was paid and satisfied. But the plaintiffs claim that the defendants having occupied the premises
The order must, therefore, be reverséd, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs.
Van Brunt, P. J., Barrett, O’Brien and McLaughlin, JJ., concurred.
Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.
Sic.