Niederstein v. Cusick
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John Niederstein, Jr., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 5th day of November, 1902, upon the decision of the court, rendered after a trial at the Kings County Special Term, sustaining the defendant’s demurrer to the plaintiff’s amended complaint.
1Dissent
Woodward, J. (dissenting):
If as, Mr. Justice Hooker holds, there was an option as to renewal in each of the parties to the lease, the bulk of the language becomes mere verbiage, and what he calls “ the seemingly positive and unequivocal agreement to renew ” proves a nullity. That agreement, as appears from the record, forms a distinct and separate paragraph with its introductory words capitalized, as follows: “ IT IS FURTHER EXPRESSLY UNDERSTOOD AND AGREED.” The paragraph immediately following this agreement has the same capitalized introduction and relates to new buildings which the lessee…
2Cases cited6 opinions
- Post v. . HoverNew York Court of Appeals · 1865
- French v. . CarhartNew York Court of Appeals · 1847
- Jackson v. BlodgetNew York Supreme Court · 1819
- Glover v. ShieldsNew York Supreme Court · 1860
- Broadway & Seventh Avenue Railroad v. MetzgerNew York Court of Common Pleas · 1891
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