103 Park Avenue Co. v. Exchange Buffet Corp.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, 103 Park Avenue Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 23d day of November, 1921, granting the motion of the defendant Exchange Buffet Corporation to dismiss the complaint.
1Opinion of the Court
Page, J.:
The complaint alleges the following facts: The plaintiff was on September 17, 1918, and prior thereto and on January 25, 1913, the owner of the premises No. 103 Park avenue, a steel, brick and stone twelve-story office building situated at the southeast corner of Park avenue and Forty-first street in the borough of Manhattan, extending 98 feet and 9 inches on Park avenue and 105 feet on Forty-first street, erected in conformity with the grade of Park avenue as theretofore duly established. On January 25, 1913, the plaintiff leased to the defendant Exchange Buffet Corporation the…
2Cases cited6 opinions
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Matter of Crane v. . CraigNew York Court of Appeals · 1921
- People Ex Rel. Crane v. . HahloNew York Court of Appeals · 1920
- In re Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
- Hatch v. . Mayor, Etc., City of New YorkNew York Court of Appeals · 1880
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3Cited by3 opinions
- People ex rel. Architects' Offices, Inc. v. OrmondAppellate Division of the Supreme Court of the State of New York · 1922
- East Brooklyn Savings Bank v. LeibnerAppellate Division of the Supreme Court of the State of New York · 1931
- National City Bank v. Cleveland & Buffalo Transit Co.Appellate Division of the Supreme Court of the State of New York · 1936