Mecca Realty Co. v. Kellogg Toasted Corn Flakes Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mecca Realty Company, from a judgment of the Supreme Court in favor of the defendant,, entered in the office of the clerk of the county of New York on the 13th day of May, 1914, upon the verdict of a jury rendered by direction of the court, both sides having moved for the direction of a verdict at the close of the case, and also from an order entered in said clerk’s office on the 25th day of May, 1914, denying the plaintiff’s motion for a new trial…
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Appeal by the plaintiff, Mecca Realty Company, from a judgment of the Supreme Court in favor of the defendant,, entered in the office of the clerk of the county of New York on the 13th day of May, 1914, upon the verdict of a jury rendered by direction of the court, both sides having moved for the direction of a verdict at the close of the case, and also from an order entered in said clerk’s office on the 25th day of May, 1914, denying the plaintiff’s motion for a new trial made upon the minutes, with notice of an intention to bring up for review an order entered on the same day denying the…
1Opinion of the Court
Hotchkiss, J.:
The action is for several installments 'of rent at the rate of $15,000 per year, reserved in a lease of the roof of plaintiff’s building, on which defendant was authorized to erect and maintain an advertising sign. The building was ten stories high and in pursuance of the lease defendant erected a roof sign about eighty feet high, the top of which was about two hundred and thirty-five feet above the street. The building faces south and is bounded by Broadway, Forty-eighth street and Seventh avenue. The block immediately to the south is of flatiron shape, and at its southerly and…
2Cases cited5 opinions
- Gillet v. . Bank of AmericaNew York Court of Appeals · 1899
- Caddy v. . Interborough Rapid Transit Co.New York Court of Appeals · 1909
- City of New York v. M. Wineburgh Advertising Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Swasey v. County of ShastaCalifornia Supreme Court · 1903
- Blakemore v. StanleyMassachusetts Supreme Judicial Court · 1893
3Cited by8 opinions
- State Ex Rel. Holbert v. RobinsonWest Virginia Supreme Court · 1950
- Great Eastern Casualty Co. v. BlackwelderCourt of Appeals of Georgia · 1918
- Matthews v. Jeremiah Burns, Inc.New York Supreme Court · 1954
- Doherty v. Monroe Eckstein Brewing Co.Appellate Terms of the Supreme Court of New York · 1921
- Daitch Crystal Dairies, Inc. v. NeislossNew York Supreme Court · 1959
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