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Summary proceedings to recover the possession of real
SEC. 2231. When tenant may be removed.
2232. Person holding over land sold, etc., may be removed.
2234. Application; to whom made.
2235. Petition by person entitled to possession.
2237. Petition by neighbor of bawdy-house, etc.
2239. Id.; in New-York city.
2240. Id.; how served.
2241. Duty of person to whom copy of precept is delivered.
2245. Issues upon forcible entry or detainer.
2246. In N. Y. district court cause may be transferred to another
court for trial.
2249. Final order upon trial.
2250. Amount of costs; how collected.
2251. Warrant to dispossess defendant.
2252. Execution of warrant.
2253. When warrant cancels lease; exception.
2254. Warrant; when and how stayed.
2255. Undertaking; how disposed of.
2256. Redemption by lessee.
2257. Id.; by creditor of lessee.
2258. The last two sections qualified.
2259. Order to be made thereupon; liability of person redeeming. 2260. Appeal.
2261. Effect of appeal limited in certain cases.
2262. Warrants; how stayed on appeal..
2263. Appellate court may award restitution; action for damages. 2264. Application of this title; effect of final order.
2265. How proceedings under this title to be stayed.
S2231. When tenant may be removed.- In either of the following cases, a tenant or lessee at will, or at sufferance, or for part of a year, or for one or more years, of real property, including a specific or undivided portion of a house, or other dwelling, and his assigns, undertenants, or legal representatives, may be removed therefrom, as prescribed in this title:
1. [Amended, 1894.] Where he holds over and continues in possession of the demised premises, or any portion thereof, after the expl ration of his term, without the permission of the landlord; includ ing, elsewhere than in the city of New York and Brooklyn, a case where the person to be removed became the occupant of the premi ses as a servant or employee and the relation of master and servant or employer and employee has been lawfully terminated or the time fixed for such occupancy by the agreement between the parties, has expired; but if by such agreement the servant was to be permitted to occupy such premises for a period beyond the term of employment such removal shall not be had under this subdivision unless such pe riod so permitted for occupancy has expired, or the relation of mas
ter and servant or employer and employee was lawfully terminated before the expiration of such term of employment; but nothing in this subdivision contained shall be construed as preventing the removal of such occupant in any other lawful manner. In effect September 1, 1894; Laws 1891, ch. 333.
2. Where he holds over, without the like permission, after a default in the payment of rent, pursuant to the agreement under which the demised premises are held, and a demand of the rent has been made, or at least three days' notice in writing, requiring, in the alternative, the payment of the rent, or the possession of the premises, has been served, in behalf of the person entitled to the rent, upon the person owing it, as prescribed in this title for the service of a precept.
3. Where in any city in this State he holds over and continues in possession of the demised premises, or any portion thereof, after default in the payment, for sixty days after the same shall be payable, of any taxes or assessments levied on such demised premises which he has agreed in writing to pay pursuant to the agreement under which the demised premises are held, and a demand for the payment of such taxes or assessments has been made, or at least three days' notice in writing, requiring, in the alternative, the payment thereof and of any interest and penalty thereon, or the possession of the premises, has been served, in behalf of the landlord, upon the lessee, as prescribed in this title for the service of a precept. An acceptance of any rent by the lessor or his legal representatives shall not be construed as a waiver of the agreement of the lessee to pay taxes or assessments, so as to preclude the lessor from the benefits of this chapter.
4. Where he, being in possession under a lease for a term of three years or less, has, during the term, taken the benefit of an insolvent act, or has been adjudicated a bankrupt, under a bankrupt law of the United States.
5. Where the demised premises, or any part thereof, are used or occupied as a bawdy-nouse or house of assignation for lewd persons, or for any illegal trade or manufacture, or other illegal business.
2R. S. 512, 28 (2 Edm. 529), amended; L. 1849, ch. 193; also, 55, added by L. 1868, ch. 764, 1 (7 Edm. 335), and L. 1873, ch. 583, 81(9 Edm. 653), consolidated and amended. Croft, Adm'x, v. King. Exr., N. Y. C. P., 19 Alb. L. J. 441; People v. Dudley, 58 N. Y. 328; People ex rel. Morgan v. Keteltas, 12 Hun, 67; People ex rel. Jay v. Bennett, 14 id. 58; Armstrong v. Cummings, 20 id. 313; People v. Ingersoll, id. 316; Bostwick v. Frankfield, 11 id. 475; Benjamin v. Benjanin, 5 N. Y. 333; People v. Hovey, 4 Lans. 86; People v. Simpson, 37 Barb. 432; 8. C., 28 N. Y. 55; 23 How. 481; 14 Abb. 457; Park v. Castle, 19 How. 29; Smith v. Littlefield, 51 N. Y. 539; Hunt v. Comstock, 15 Wend. 665; Anderson v. Prindle, 23 id. 616; Miller v. Levi, 44 N. Y. 489; Burnett v. Scribner, 16 Barb. 621; People v. Swayse, 15 Abb. 432; Wilder v. Ewbank, 21 Wend. 587; Jackson v. Sheldon, 5 Cow. 448; Beach v. Nixon, 9 N. Y. 35; Miller v. Levi, 44 id. 489; Johnson v. Oppenheim, 55 id. 230; Spraker v. Cook, 16 id. 567; Brown v. Betts, 13 Wend. 29; Birdsall v. Phillips, 17 d. 464; Hallenbeck v. Garner, 20 id. 22; Moffatt v. Smith, 4 N. Y. 126; Griffin v. Clark, 33 Barb. 46; Williams v. Bige. low, 11 How. 83; Burnell v. Scribner, 16 Barb. 621; Ex parte Wiggins, 11 N. Y. Leg. Obs. 89; s. c., 16 Barb. 474; Brown v. New York, 66 N. Y. 385; 8. C., 5 Daly, 481; Paine v. Trinity Church, 7 Hun, 89; People v. Keteltas, 12 id. 67.
2232. Person holding over land sold, etc., may be removed.- In either of the following cases, a person, who holds over and continues in possession of real property, after notice to quit the same has been given, as prescribed in section 2236 of this act, and his assigns, tenants, or legal representatives, may be removed therefrom, as prescribed in this title:
1. Where the property has been sold by virtue of an execution against him, or a person under whom he claims, and a title under the sale has been perfected.
2. Where the property has been duly sold, upon the foreclosure, by proceedings taken as prescribed in title ninth of this chapter, of a mortgage executed by him,
or a person under whom he claims, and the title under the foreclosure has been duly perfected.
3. Where he occupies or holds the property, under an agreement with the owner to occupy and cultivate it upon shares, or for a share of the crops, and the time, fixed in the agreement for his occupancy, has expired.
4. [Amended, 1894.] Where he, or the person to whom he has succeeded, has intruded into, or squatted upon, any real property, without the perinission of the person entitled to the possession thereof, and the occupancy, thus commenced has continued without permission from the latter; or, after a permission given by him has been revoked, and notice of the revocation given to the person or persons to be removed.
In effect September 1, 1894; Laws 1894, ch. 232.
Subd. 4 of 28, R. S., amended, L. 1874, ch. 208, and 831, R. S. Spraker . Cook, 16 N. Y. 567; L. 1874, ch. 471; People v. Hovey, 4 Lans. 86; Benjamin v. Benjamin, 5 N. Y. 383: People v. Simpson, 28 id. 55; Park v. Castle, 19 How. 29; Smith v. Littlefield, 51 N. Y. 539; Hunt v. Comstock, 15 Wend. 665; Anderson v. Prindle, 23 id. 616; People v. Kelsey, 38 Barb. 269; s. c., 14 Abb. 372: Miller v. Levi, 41 N. Y. 489; Oakley v. Skoonmaker, 15 Wend. 226; Beach v. Nixon, 9 N. Y. 35, 37; Russell v. Russell, 32 How, 400; Wright . Mosher, 16 id. 454 Williams v. Bigelow, 11 id. 83; Burnell v. Scribner, 16 Barb, 621; Livingston v. Tanner, 14 N. Y. 64; People v. Simpson, 14 Abb. 457, and note; Carlisle v. McCall: Nichols v. Williams, 8 Cow. 13; see Roach v. Cosine, 9 Wend. 227; Sims v. Humphrey, 4 Den. 185; Freeman v. Ogden, 40 N. Y. 105; Brown v. Betts, 13 Wend. 29; Birdsall v. Philips, 17 id. 464; Hallenbeck v. Garner, 20 id. 22.
§ 2233. Id.; in case of forcible entry or detainer.An entry shall not be made into real property, but in a case where entry is given by law; and, in such a case, only in a peaceable manner, not with strong hand, nor with multitude of people. A person who makes a forcible entry forbidden by this section, or who, having peaceably entered upon real property, holds the posses sion thereof by force, and his assigns, undertenants, and legal representatives, may be removed therefrom, as prescribed in this title.
2 R. S. 507. 2 1 and 2 (2 Edm. 523). Bliss v. Johnson, 73 N. Y. 529; Wood v. Phillips, 43 id. 152; People v. Smith, 24 Barb. 16; Willard v. Warren, 17 Wend, 257.
* 2234. [Amended, 1895.] Application; to whom made.- Application for removal of a person from real property, as prescribed in this title, may be made to the county judge or special county judge of the county or a justice of the peace of the city or town or the mayor or recorder of the city wherein the real property, or a portion thereof, is situated. Application may also be made, if the property, or a portion thereof, be situated *See 59 How. Pr. 432.
in the city of New York to a judge of the city court of the city of New York or the district court of the district within which the property, or a portion thereof, is situated, or if the judge of such court be for any reason disqualified, to the district court of an adjoining district; if in the city of Brooklyn, to a police justice of that city; if in the city of Albany, or the city of Troy, to a justice of the justices' court of that city; if in the city of Yonkers, to the city judge of that city; if in the cities of Syracuse, Rochester or Buffalo, to a judge of the municipal court of said cities. Where the property is situated in an incorporated village, the boundaries of which embrace portions of two or more towns, application may be made to a justice of the peace of either town, who keeps an office in the village.
In effect Jan. 1, 1896; L. 1895, ch. 946.
Sec. 28, R. S., amended: L. 1849, ch. 193 (2 Edm. 529); Const. art. 6, 15: Const. 1846, art. 6, 15; L. 1849, ch. 306; L. 1851, ch. 198; Const. 1869, art. 6, 2 16; L. 1850, ch. 205, 23; L. 1875, ch. 259, 1; L. 1852, ch. 324, 1; L. 1857, ch. 344, 77, subd. 2; L. 1863, ch. 189 (6 Edm. 86), Code of Proc. 266, amended; L. 1870, ch. 741, 24 (7 Edm. 774); L. 1877, ch. 187; L. 1870, ch. 386; L. 1821, ch. 47,81; L. 1834, ch. 271, 281 and 19; L. 1872 ch. 866, 1; L. 1873, ch. 61, 22; L. 1878, ch. 186, 87; L. 1876, ch. 196, 285 and 16; L. 1849, ch. 125, § 26; L. 1870, ch. 470, 13; L. 1854, ch. 96, 25; L. 1857, ch. 361,6; People v. Third Dist. Court, 57 How. Pr. 443; Murray v. James, 37 How. 52; s. c., 2 Daly, 437; Carlisle v. McCall, 1 Hilton, 399; Gillilan v. Spratt, 8 Abb. N. S. 13; People v. Russell, 19 Abb, 136; 8. C., 29 How. 176; People v. Willis, 5 Abb. 205; McIntyre v. Hernandez, 7 Abb. N. S. 214; s. c., 39 How. 121.
2235. Petition by person entitled to possession. The application may be made by the landlord or lessor of the demised premises; the purchaser, upon the exe cution or foreclosure sale; the person forcibly put out or kept out; the person with whom, as owner, the agreement was made, or the owner of the property occupied under an agreement, to cultivate the property upon shares, or for a share of the crops; or the person lawfully entitled to the possession of the property intruded into or squatted upon, as the case requires; or by the legal representative, agent, or assignee of the landlord, purchaser, or other person, so entitled to apply. The applicant must present to the judge or jus tice, a written petition, verified in like manner as a verified complaint in an action brought in the supremo court; describing the premises of which the possession is claimed, and the interest therein of the petitioner, or the person whom he represents; stating the facts, which, according to the provisions of this title, authorize the application by the petitioner, and the removal of the person in possession; naming, or otherwise intelli
vibly designating the person or persons against whom
the special proceeding is instituted, and, if there are two or more such persons, and some are undertenants or assigns, specifying who are principals or tenants, and who are undertenants or assigns; and praying for a final order to remove him or them accordingly.
Sections 2, 3, and 29, R. S., amended and consolidated. Weyman v. Johnson, 8 Alb. L. J. 382; Wiggin v. Woodruff, 16 Barb. 474; Benjamin v. Benjamin, 5 N. Y. 383; Deuel v. Rust, 24 Barb. 438; Cunningham v. Goelet, 4 Den. 71; Simpson v. Rhinelanders, id. 103; Hallenbeck v. Garner, 20 Wend. 22; Hill v. Stocking, 6 Hill, 314; Prindle v. Anderson, 19 Wend. 391; People v. Boardman, 4 Keyes, 59; People v. Matthews, 38 N. Y. 451; People v. Andrews, 52 id, 445; Brown v. Mayor, etc., 66 id. 385; Jarvis v. Driggs, 69 id. 146; 22 842, 844, ante; People v. Johnson, 1 Pars. Sup. Ct. 578; Campbell v. Mallory, 22 How. 183; Powers v. Witty, 42 id. 352; Prouty v. Prouty, 5 How. 51, 95; Buck v. Bininger, 3 Barb. 391; Matter of Robinson, 1 How. 213; Russell v. Russell, 32 id. 400; McGuire v. Ulrich, 2 Abb. 28; People v. Teed, 48 Barb. 429; s. c., 33 How. 238; Smith v. Heustis, Hill & Denio, 236; Rogers v. Lynds, 14 Wend. 172; People v. Boardman, 4 Keyes, 90; Norsworthy v. Bryan, 33 Barb. 143 McCoy v. Hyde, 8 Cow. 68; People v. Alden, 26 How. 166; People v. Platt, 43 Barb. 116; Brown v. New York, 6 N. Y, 385; People v. Lamb, 10 Hun, 348; People v. De Camp, 12 id. 378.
§ 2236. Notice to be given in certain cases.— -Where the person to be removed is a tenant at will, or at sufferance, the petition must state the facts, showing that the tenancy has been terminated, by giving notice, as required by law. Where the application is made in a case specified in section 2232 of this act, the petition must state that a notice, in behalf of the applicant, requiring all persons occupying the property to quit the same, by a day specified, has been either served person. ally upon the person or persons to be removed, or affixed conspicuously upon the property, at least ten days before the day specified therein.
Sec. 31, R. S., and L. 1857, ch. 396, 22 and 3 (4 Edm. 617). Reeder v. Sayre, 70 N. Y. 180; People ex rel. Sandford v. Gedney, 15 Hun, 475; and 1 R. S. 745, 28 7 and 8 (1 Edm. 696); Rowan v. Little, 11 Wend. 616; Allen v. Jaquesh, 21 id. 628; Garner v. Hannah, 6 Duer, 262, 270; Liv ingston v. Tanner, 14 N. Y. 64; Smith v. Littlefield, 51 id. 539; People v. Goelet, 14 Abb. N. S. 130; s. c., 64 Barb. 476; People v. Schackno, 48 id. 551; Sarsfield v. Healy, 5 id. 245; Post v. Post, 14 id. 253; Nichols v. Williams, 8 Cow. 13; Rogers v. Lynds, 14 Wend. 172; People v. Stuyves ant, 1 Hun, 102; People v. Fowler, id., 104; note s. C., 58 N. Y. 323.
§ 2237. Petition by neighbor of bawdy-house, etc. -An owner or tenant of real property, in the immedi ate neighborhood of other demised real property, which is used or occupied as a bawdy-house, or house of assignation for lewd persons, may serve personally upon the owner or landlord of the premises, so used or occupied, or upon his agent, a written notice. requiring the owner or landlord to make an application for the re* See 1 T. & C. 533.