Woodruff v. Dennison

Judgment of municipal court reversed, with costs. Held, that the election of the petitioner to terminate the lease by reason of the failure of his tenants to pay rent did not create an expiration of term, within the meaning of section 2231, subd. 1, Code Civ. Proc., and summary proceedings cannot, therefore, be maintained on that ground. See In re Guaranty Building Co., 52 App. Div. 140, 64 N. Y. Supp. 1056; Kelly v. Varnes, 52 App. Div. 100, 64 N. Y. Supp. 1040.