Lovejoy v. Weil
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment rendered in favor of the plaintiff in the Municipal Court of the city of New York, eleventh district, borough of Manhattan.
1Opinion of the CourtScott, J.
The statute (Laws of 1901, Chap. 128), which the defendant invokes as a defense in this case is a highly penal one and must be strictly construed (Gay v. Seibold, 97 N. Y. 472); and, as said in Imperato v. Wasboe, 47 Misc. Rep. 150, “ without the insertion of any terms which are not essential to its reasonable interpretation.” It is unreasonable to suppose that the Legislature intended the act to apply to leases of real property. It is true that section 240 of the Real Property Law contains a definition of what is included in the term “ real property ” which would embrace a lease similar to…
2Cases cited2 opinions
- Gay v. . SeiboldNew York Court of Appeals · 1884
- Imperato v. WasboeAppellate Terms of the Supreme Court of New York · 1905
3Cited by1 opinion
- Black v. New York Life InsuranceAppellate Terms of the Supreme Court of New York · 1911