Neiderstein v. . Cusick
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 4, 1903, which affirmed a judgment of Special Term sustaining a demurrer to the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The construction attempted to be placed upon the lease by the defendant is both unreasonable and arbitrary. (Russell v. Allerton, 108 N. Y. 292 ; Halpin v. Ins.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 4, 1903, which affirmed a judgment of Special Term sustaining a demurrer to the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The construction attempted to be placed upon the lease by the defendant is both unreasonable and arbitrary. (Russell v. Allerton, 108 N. Y. 292 ; Halpin v. Ins. Co. of N. A., 120 N. Y. 75 ; Ludwig v. J. C. Ins. Co., 48 N. Y. 383 ; Bidwell v. N. A. Ins. Co., 24 N. Y. 304 ; Agawam Bank v. Strever, 18 N.…
1Opinion of the CourtCullen, J.
The action is brought, tenant against landlord, for the specific performance of a covenant to renew a lease. By indenture made in March, 1898, the defendant, individually and as executrix, demised certain premises and buildings in the city of Brooklyn to the plaintiff for the term of five years at a specified rent. The instrument contained the following provisions under which the controversy as to the respective rights of the parties in this case arises:
“ It is further expressly understood and agreed between the parties hereto that the parties of the second part hereby lease the property of…
2Cited by1 opinion
- Neiderstein v. CusickAppellate Division of the Supreme Court of the State of New York · 1908