Legal Opinion

Weber & Heilbroner v. Holbrook, Cabot & Rollins Corp.

Appellate Division of the Supreme Court of the State of New York

Decided May 28, 1920Published

Appeal by the plaintiff, Weber & Heilbroner, 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 19th day of November, 1919, upon the dismissal of the complaint by direction of the court at the opening of the plaintiff’s case.

1Opinion of the Court

Laughlin, J.:

The plaintiff, a corporation, alleges that it was in possession of the first floor and basement of the Putnam Building, on the westerly side of Broadway, between Forty-third and Forty-fourth streets, in the city of New York, as lessee, for a term commencing on the 1st day of February, 1913, and terminating on the 1st day of February, 1919, and conducted therein the business of selling men’s and boys’ furnishing goods, hats, clothing and other merchandise included in the general business of men’s and boys’ outfitters at retail, and paid a large rental therefor; that on the 9th day…

2Cases cited8 opinions

  1. In Re Board of Rapid Transit RailroadNew York Court of Appeals · 1909
  2. Colrick v. . SwinburneNew York Court of Appeals · 1887
  3. Bates v. . HolbrookNew York Court of Appeals · 1902
  4. Bates v. HolbrookAppellate Division of the Supreme Court of the State of New York · 1904
  5. Sinsheimer v. UnderpinningAppellate Division of the Supreme Court of the State of New York · 1917

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