Legal Opinion

Matter of Wilkins

New York Court of Appeals

Decided January 28, 1902PublishedCited by 93 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered .April 9, 1900, which affirmed a judgment in favor of the respondent herein, entered upon the award of an arbitrator upon the submission of a controversy under section 2366 of the Code of Civil Procedure.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered .April 9, 1900, which affirmed a judgment in favor of the respondent herein, entered upon the award of an arbitrator upon the submission of a controversy under section 2366 of the Code of Civil Procedure. The nature of the controversy and the facts, so far as material, are stated in the opinion.- An appeal to this court is provided for by section 2381 of the Code of Civil Procedure, to be governed, so far as applicable, by the provisions of chapter 12 of the Code of Civil…

1Opinion of the CourtMartin, J.

The questions of law involved upon this appeal relate to a submission and award determining the rights of the parties under certain leases of property in the city of Hew York, made between them or their respective grantors, immediate or remote. The first lease was made in 1833, the second in 1854 and the third in 1875. The term of each was for twenty-one years, so that the full term under the several leases finally terminated in 1896.

Only questions of law were submitted for arbitration which included the interpi’etation or construction of the leases and a determination of the legal rights of…

2Cases cited9 opinions

  1. Sweet v. . MorrisonNew York Court of Appeals · 1889
  2. Underhill v. Van CortlandtNew York Court of Chancery · 1817
  3. Perkins v. . GilesNew York Court of Appeals · 1872
  4. M'Kinstry v. SolomonsNew York Supreme Court · 1806
  5. Barlow v. ToddNew York Supreme Court · 1808

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3Cited by93 opinions

  1. In Re the Arbitration Between National Cash Register Co. & WilsonNew York Court of Appeals · 1960
  2. Lentine v. FundaroNew York Court of Appeals · 1972
  3. Junta de Relaciones del Trabajo v. New York & Porto Rico Steamship Co.Supreme Court of Puerto Rico · 1949
  4. In re the Arbitration between Granite Worsted Mills, Inc. & Aaronson Cowen, Ltd.New York Court of Appeals · 1969
  5. In re the Arbitration between Shand & Aetna InsuranceAppellate Division of the Supreme Court of the State of New York · 1980

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