New York Court of Appeals June 2, 1891 (Adams v. . City of Cohoes)

*180

Potteb, J.

There are two questions involved in the consideration of this appeal. The one is whether the defendant was bound to give the plaintiff notice of its intention to quit the premises before it could successfully maintain a defense to the claim for rent set forth in the complaint in this action and if it was so bound, whether the undisputed facts established upon the trial of the