Legal Opinion

Windsor Hotel Co. v. Hawk

The Superior Court of New York City

Decided March 15, 1875PublishedCited by 2 opinions

In 1871 John T. Daly became the owner, by lease dated 29th April, 1871, from Peter Goelet and others, of a parcel of land on the Fifth avenue, in the city of New York, between Forty-sixth and Forty-seventh streets, extendipg in depth 140 feet, and by a second lease, dated 29th April, 1871, from the same parties of a lot twenty feet in width on the northerly side of Forty-sixth street, adjacent to the parcel above described.

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In 1871 John T. Daly became the owner, by lease dated 29th April, 1871, from Peter Goelet and others, of a parcel of land on the Fifth avenue, in the city of New York, between Forty-sixth and Forty-seventh streets, extendipg in depth 140 feet, and by a second lease, dated 29th April, 1871, from the same parties of a lot twenty feet in width on the northerly side of Forty-sixth street, adjacent to the parcel above described. He proceeded to erect the Windsor hotel on the first parcel, and upon the lot adjoining a three-story dwelling house, and these two buildings he leased under one…

1Opinion of the CourtCurtis, J.

The lease to the defendants is for the term of ten years from the 1st of May, 1873, with a provision that no rent shall be paid for the premises until the same be finished and ready for occupation; and if, as was the case, they were not completed on the 1st of May, 1873, that the rent should be $75,000 per annum for one year after such completion. It then designates the rent for the second year as $100,000, and for the third, fourth and fifth years, $120,000, and as payable the first of August, November, February and May, and then states that the rent for the balance of the unexpired term…

2Cases cited2 opinions

  1. Ripley v. LarmouthNew York Supreme Court · 1865
  2. Gifford v. First Presbyterian SocietyNew York Supreme Court · 1867

3Cited by2 opinions

  1. Loeser v. LiebmannNew York Supreme Court · 1891
  2. Niederstein v. CusickAppellate Division of the Supreme Court of the State of New York · 1903

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