New York Court of Appeals

Robert M. Jarvis, Respondent v. Marshall S. Driggs, Appellants

March 20, 187769 N.Y. 143

Summary

The Court affirmed that a default judgment in summary proceedings is conclusive as to the existence of a lease, the tenant's occupation, and that some rent is due, but it is not conclusive as to the amount of rent owed, entitling the landlord at least to nominal damages.