Thayer v. . Leggett
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered October 7,1918, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered October 7,1918, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. Even it it were alleged, proved and found that the corporation appellant had been the undertenant of the alleged tenants in common, that fact would not have imposed upon it any disability to enter into the lease in question with the Cohoes Company.…
1Opinion of the CourtAndrews, J.
“ Those who are in possession of lands
under a lease have an interest therein beyond the subsisting term, usually called the tenant’s right of renewal. Between the landlord and tenant this interest cannot strictly be denominated a right or estate, but is merely a hope or expectation, there being in the absence of contract, no way, legal or equitable, of compelling a renewal. But, as between third persons, the law recognizes this interest as a valuable property right, and the renewal as a reasonable expectancy of the tenants in possession.” (Robinson v. Jewett, 116 N. Y. 40, 51.) It follows…
2Cases cited8 opinions
- Mitchell v. . ReedNew York Court of Appeals · 1874
- Davis v. HamlinIllinois Supreme Court · 1883
- Slee v. President & Directors of the Manhattan Co.New York Court of Chancery · 1828
- Robinson v. . JewettNew York Court of Appeals · 1889
- Knolls v. . BarnhartNew York Court of Appeals · 1877
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Jemzura v. JemzuraNew York Court of Appeals · 1975
- Mobil Oil Corp. v. RubenfeldAppellate Division of the Supreme Court of the State of New York · 1975
- Fleischer v. TerkerNew York Court of Appeals · 1932
- Minion v. . WarnerNew York Court of Appeals · 1924
- Dime Savings Bank of New York, FSB v. Montague Street Realty AssociatesNew York Court of Appeals · 1997
14 more not listed; retrieve them via the Exa API.