New York Court of Appeals

The People ex rel. Thomas Reilly, Respondents v. Frederick Johnson and Others, Appellants

January 5, 186838 N.Y. 63

Summary

The Court held that a judgment record from a separate suit, where the tenancy issue was merely incidental, is inadmissible to prove landlord‑tenant status in a summary proceeding. Accordingly, the lower court's verdict was reversed and restitution was ordered for the party improperly dispossessed.