Four Hundred Sixty-One Eighth Avenue Co. v. Childs Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant,' Childs Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 26th day of April, 1917, upon the decision of the court after a trial before the court without a" jury.
1Opinion of the Court
Scott, J.:
The action is for rent, and arises, under peculiar conditions. The property affected consists of a store and basement of a *743building in the city of New York, formerly occupied by the defendant under lease. It appears that on March 20, 1901, the then owner of the property mortgaged it to the Metropolitan Life Insurance Company, and on May 1, 1902, leased the store and basement to the defendant, or its predecessor in interest, for a term of twenty-one years. Both the mortgage and lease were duly recorded.
In December, 1913, while the foregoing lease was still outstanding and the…
2Cases cited5 opinions
- Terry v. . MungerNew York Court of Appeals · 1890
- Conrow v. . LittleNew York Court of Appeals · 1889
- Commonwealth Mortgage Co. v. De WaltoffAppellate Division of the Supreme Court of the State of New York · 1909
- Kelley v. OsbornAppellate Division of the Supreme Court of the State of New York · 1916
- Metropolitan Life Ins. v. Hydrex Felt & Engineering Co.Appellate Division of the Supreme Court of the State of New York · 1914
3Cited by2 opinions
- Metropolitan Life Insurance v. Childs Co.Appellate Division of the Supreme Court of the State of New York · 1918
- Metropolitan Life Insurance v. Childs Co.Appellate Division of the Supreme Court of the State of New York · 1918