Hall v. Irvin
Appellate Division of the Supreme Court of the State of New York
Appeal, by permission, by the tenant, George 0. Irvin, from an order of the Appellate Term of the Supreme Court, entered in the office, of the clerk of the county of New York on the 9th day of May, 1902, reversing a final order of the Municipal Court of the city of New York, entered upon the verdict of a jury in favor of said tenant and undertenant.
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Appeal, by permission, by the tenant, George 0. Irvin, from an order of the Appellate Term of the Supreme Court, entered in the office, of the clerk of the county of New York on the 9th day of May, 1902, reversing a final order of the Municipal Court of the city of New York, entered upon the verdict of a jury in favor of said tenant and undertenant. This proceeding was begun in the Municipal Court to dispossess a tenant from rooms in the office building 140 Nassau street and tried before a jury. The petition avers that the tenant entered into an agreement with the landlord to rent four rooms…
1Opinion of the Court
O’Brien, J.:
It is for us to determine upon the evidence whether the judge of the Municipal Court was right in submitting the questions as ones of fact to the jury, or whether the Appellate Term was right in determining them as matters of law.
The nse of closets contiguous to the rooms rented and of the wash basins therein, of the elevators and hallways, stairs and entrance of the building, was included though not mentioned in the lease, and the right to use them passed to the tenant. As said in Doyle v. Lord (64 N. Y. 437): “ The general rule of law is that where a house or store is conveyed…
2Cases cited5 opinions
- Doyle v. . LordNew York Court of Appeals · 1876
- Simmons v. . CloonanNew York Court of Appeals · 1880
- Hamilton v. GraybillAppellate Terms of the Supreme Court of New York · 1897
- Sirey v. BraemsAppellate Division of the Supreme Court of the State of New York · 1901
- Peck v. HilerNew York Supreme Court · 1857
3Cited by25 opinions
- Bellon v. Silver Gate Theatres, Inc.California Supreme Court · 1935
- Owsley v. HamnerCalifornia Supreme Court · 1951
- City of New York v. Pike Realty Corp.New York Court of Appeals · 1928
- Runyon v. City of Los AngelesCalifornia Court of Appeal · 1919
- Jackson v. PaternoAppellate Terms of the Supreme Court of New York · 1908
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