Zorkowski v. . Astor
New York Court of Appeals
Appeal from a judgment of the G-eneral Term of the late Superior Court of the city of ISTew York, entered July 10, 1895, affirming a judgment in favor of defendant entered upon the report of a referee.
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Appeal from a judgment of the G-eneral Term of the late Superior Court of the city of ISTew York, entered July 10, 1895, affirming a judgment in favor of defendant entered upon the report of a referee. This action was brought to set aside an appraisal of land for the purpose of fixing the rental upon the renewal of a lease, which, after the usual covenants on the part of the landlord and tenant, provided as follows: “And the said parties for themselves and their legal representatives mutually covenant and agree that, provided the said party of the .second part (tenant) and her legal…
1Opinion of the CourtVann, J.
We think that the facts found by the referee have sufficient support in the evidence to prevent interference by this court after affirmance by the General Term. ( White v. Benjamin, 150 N. Y. 258.) Upon those facts as the basis of adjudication, we are of the opinion that the plaintiff was not entitled to any relief, and that the complaint was properly dismissed for the reasons given by the referee and the General Term.
To the extent, however, that the judgments below awarded affirmative relief to the defendant by requiring “ the plaintiff to execute and deliver” to him “ a lease of the…
2Cases cited3 opinions
- Booth v. Cleveland Rolling Mill Co.New York Court of Appeals · 1878
- White v. . BenjaminNew York Court of Appeals · 1896
- Bruce v. . Fulton National BankNew York Court of Appeals · 1879
3Cited by19 opinions
- Probst v. . Rochester Steam Laundry Co.New York Court of Appeals · 1902
- Rhinelander v. . Farmers' Loan Trust Co.New York Court of Appeals · 1902
- Barker v. Pullman's Palace Car Co.U.S. Circuit Court for the District of Southern New York · 1903
- Trustees of Columbia University v. KalvinNew York Court of Appeals · 1929
- Doyle v. Hamilton Fish Co.Appellate Division of the Supreme Court of the State of New York · 1911
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