Broadway & Seventh Avenue Railroad v. Metzger
New York Court of Common Pleas
Appeal from a judgment in favor of defendants rendered in the third Civil District Court of New York city,, upon the verdict of a jury in summary proceedings to. recover possession of demised premises upon the alleged expiration of the lease.
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Appeal from a judgment in favor of defendants rendered in the third Civil District Court of New York city,, upon the verdict of a jury in summary proceedings to. recover possession of demised premises upon the alleged expiration of the lease. The premises were leased by James McCreery to the defendants, Louis Metzger & Co., for a specified term with a privilege of remaining for an additional term provided that “the owner did not desire possession of the premises for building purposes,” and that the lessees. should advise the “ owner or his agents ” of their intention to stay not later than a…
1Opinion of the CourtBischoff, J.
The lease, dated November 4th, 1889, was made by McCreery, as lessor, and respondents as lessees, and demised the premises for one year, from February xst, 1890, to February 1st, 1891, and contained the following provision: “ And the said tenants have *162the privilege of remaining for one year more, viz. ; from February ist, 1891, to February 1st, 1892¡provided the owner does not desire possession of the premises for building purposes. ”
When the lease was entered into, Mr. McCreery was the owner of the premises therein described, and it does not appear that at that time the lessees were aware of…
2Cases cited8 opinions
- Dwight v. . Germania Life Ins. Co.New York Court of Appeals · 1886
- Bodine v. . Exchange Fire Ins. Co.New York Court of Appeals · 1872
- Powell v. . TuttleNew York Court of Appeals · 1850
- House v. BurrNew York Supreme Court · 1857
- Lowber v. Le RoyThe Superior Court of New York City · 1848
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3Cited by2 opinions
- Nicolopole v. LoveCourt of Appeals for the D.C. Circuit · 1912
- Niederstein v. CusickAppellate Division of the Supreme Court of the State of New York · 1903