Terwilliger v. Browning, King & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Frank W. Terwilliger, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Ulster on the 26th day of June, 1914, upon an interlocutory judgment sustaining a demurrer to the complaint, an amended complaint not having been served within the time fixed by said interlocutory judgment, with notice of an intention to bring up for review the said interlocutory judgment sustaining the demurrer on…
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Appeal by the plaintiff, Frank W. Terwilliger, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Ulster on the 26th day of June, 1914, upon an interlocutory judgment sustaining a demurrer to the complaint, an amended complaint not having been served within the time fixed by said interlocutory judgment, with notice of an intention to bring up for review the said interlocutory judgment sustaining the demurrer on the ground that the complaint did not state facts sufficient to constitute a cause of action.
1Opinion of the Court
Smith, P. J.:
The complaint in this action avers that the plaintiff is a resident of the county of Ulster, this State, and that the defendant is a foreign corporation doing business in the State of New York; that on or about the 3d day of April, 1908, the plaintiff and defendant entered into a written agreement for the rental of premises known as Nos. 1265, 1267 and 1269 Broadway, New York, for the term of sixteen years, to be used and occupied as a Turkish and Russian bath establishment, and “ which were then fully equipped for such use; ” that said premises were properly supplied with…
2Cases cited2 opinions
- United Merchants' Realty & Improvement Co. v. RothNew York Court of Appeals · 1908
- Terwilliger v. Browning, King & Co.Appellate Division of the Supreme Court of the State of New York · 1912
3Cited by1 opinion
- Terwilliger v. Browning, King & Co.Appellate Division of the Supreme Court of the State of New York · 1920