Legal Opinion

Burns v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided November 7, 1913PublishedCited by 3 opinions

Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure.

1Opinion of the Court

Scott, J.:

This controversy relates to the plaintiff’s claim to be entitled to a renewal for the term of twenty-one years of the premises No. 103 Park row in the city of New York, the ownership of which is vested in the city of New York, apparently in its corporate capacity, as it is not held and occupied for any public use.

The property was originally leased to John Dixey on October 1, 1811, for a term of twenty-one years from May 1, 1806. Dixey improved it by the erection of a building which, with some additions and alterations, still stands upon the property. The lease was renewed in 1827…

2Cases cited2 opinions

  1. Loughran v. . RossNew York Court of Appeals · 1871
  2. Syms v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1887

3Cited by3 opinions

  1. Matter of City of N.Y. (Piers Old Nos. 8-11)New York Court of Appeals · 1920
  2. Newlands v. EllisSupreme Court of Kansas · 1930
  3. Glaser v. BurnsNew York Supreme Court · 1915

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