Legal Opinion

F. F. Proctor Troy Properties Co. v. Dugan Store, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided May 5, 1920PublishedCited by 10 opinions

Appeal by the defendant, The Dugan Store, Inc., from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Rensselaer on the 26th day of September, 1919, overruling its demurrer to the complaint.

1Opinion of the Court

Kiley, J.:

On the 27th day of November, 1916, one F. F. Proctor leased by an instrument in writing to The Dugan Store, Inc., “ the basement, entire store floor and second story of the building situated at Nos. 84-90 Fourth street, in the city of Troy, N. Y., and known as Proctor Building.” The lease specifically provides that the expression “ landlord,” wherever used in the lease, shall include “ legal representatives, executors, agents, successors and assigns.” On the 27th day of November, 1917, F. F. Proctor sold and transferred said premises to the plaintiff, F. F. Proctor *687Troy Properties…

2Cases cited2 opinions

  1. Merchants Building Improvement Co. v. Chicago Exchange Building Co.Illinois Supreme Court · 1904
  2. Winlock v. StateIndiana Supreme Court · 1890

3Cited by10 opinions

  1. 507 Madison Avenue Realty Co. v. MartinAppellate Division of the Supreme Court of the State of New York · 1922
  2. Stogop Realty Co. v. Marie Antoinette Hotel Co.Appellate Division of the Supreme Court of the State of New York · 1926
  3. Warner Bros. Pictures, Inc. v. Southern Tier Theatre Co.Appellate Division of the Supreme Court of the State of New York · 1952
  4. Trustees of Sailors' Snug Harbor v. FeinbergAppellate Division of the Supreme Court of the State of New York · 1954
  5. Clemente Bros., Inc. v. Peterson-Ashton Fuels, Inc.Appellate Division of the Supreme Court of the State of New York · 1968

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