Legal Opinion

Matter of Coatsworth

New York Court of Appeals

Decided October 3, 1899PublishedCited by 19 opinions

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 17, 1899, reversing an brder of the Erie county judge awarding to the petitioners a warrant in summary proceedings for the removal of the respondents from certain premises in the city of Buffalo. The facts, so far as material, and the questions certified are stated in the opinion.

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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 17, 1899, reversing an brder of the Erie county judge awarding to the petitioners a warrant in summary proceedings for the removal of the respondents from certain premises in the city of Buffalo. The facts, so far as material, and the questions certified are stated in the opinion. The agreement of the pai - ties to each renewal did not reiterate the agreement of the lessors to build, nor of the lessees to pay for the building. ( Walton v. Meeks, 120 N. Y. 79 ;…

1Opinion of the CourtHaight, J.

On the first day of April, 1817, Caleb Coats-worth and wife, and John Coatsworth and wife, as owners, made and executed a written lease, under seal, to Thomas J. Dudley, of certain vacant land situated in the city of Buffalo, bounded by Main, Quay and Washington streets and the Hamburg canal, for the term of fifteen years at an annual rent specified • in the lease. The lease, among other things, contained the following provisions: “ And the said party of the second part further covenants and agrees to and with the said party of the first part that he will within three years from the first day…

2Cases cited1 opinion

  1. Van Rensselaer's Heirs v. PennimanNew York Supreme Court · 1831

3Cited by19 opinions

  1. Schoellkopf v. . CoatsworthNew York Court of Appeals · 1901
  2. Douglaston Realty Co. v. HessAppellate Division of the Supreme Court of the State of New York · 1908
  3. Sammis v. Town of HuntingtonNew York Supreme Court · 1918
  4. Krim Realty Corp. v. VarveriAppellate Terms of the Supreme Court of New York · 1916
  5. Board of Health v. . CommissionersSupreme Court of North Carolina · 1917

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