Summary
In Smith v. Niver (2 Barb. 180), it was held by HARRIS, J., that where a landlord has consented to a change of tenancy, and has permitted a change of occupancy and received rent from the new tenant as an original and not a subtenant, he cannot afterwards charge the original tenant for rent accruing during the occupation of the new tenant.
Summary of this case from Bedford v. TerhuneOpinion
June, 1935.
Present — Sears, P.J., Taylor, Edgcomb, Thompson and Crosby, JJ.
Order affirmed, with ten dollars costs and disbursements. All concur, except Edgcomb, J., who dissents and votes for reversal upon the ground that the moving papers fail to show that judgment was entered through the mistake, inadvertence, surprise or excusable neglect of the defendant and upon the further ground that no proposed answer is presented with the moving papers. (The order grants motion to open a default in City Court.)