Lehmaier v. Jones
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Rachel Lehmaier and others, from a judgment of the Supreme Court, entered in the office of the clerk of the county of New York on the 23d day of May, 1904 (as amended by an order entered in said clerk’s office on the 14th day of June, 1904), upon the verdict of a jury rendered by direction of the court in favor of the plaintiffs as to the first,, second and third causes of’ action, and upon the dismissal of the complaint by direction of the court as…
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Appeal by the plaintiffs, Rachel Lehmaier and others, from a judgment of the Supreme Court, entered in the office of the clerk of the county of New York on the 23d day of May, 1904 (as amended by an order entered in said clerk’s office on the 14th day of June, 1904), upon the verdict of a jury rendered by direction of the court in favor of the plaintiffs as to the first,, second and third causes of’ action, and upon the dismissal of the complaint by direction of the court as to the fourth cause of action, the appeal being taken from that part of the judgment which dismisses the complaint as…
1Opinion of the Court
Laughlin, J.:
This is an action upon a covenant in a lease bearing date the 31st •day of January, 1893, by which the defendant leased from the -owner the premises known as Nos. 49, 51 and 53 West Twenty•eightli street and 470 Sixth avenue in the city of New York for the term of ten years from the first day of May thereafter. There were ■old buildings on the premises at the time they were leased. The ■ plaintiffs acquired title to the premises on. the 12tli day.of July, 1902, during the last year of the leasehold period. At the expiration of the term the defendant surrendered possession. The…
2Cases cited4 opinions
- Myers v. . BurnsNew York Court of Appeals · 1866
- Schick v. FleischhauerAppellate Division of the Supreme Court of the State of New York · 1898
- McGregor v. . B'd of Ed'n of City of N.Y.New York Court of Appeals · 1887
- Webster v. NosserNew York Court of Common Pleas · 1867
3Cited by28 opinions
- Farrell Lines, Inc. v. City of New YorkNew York Court of Appeals · 1972
- Susskind v. 1136 Tenants Corp.Civil Court of the City of New York · 1964
- Mudge v. West End Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Brooklyn Waterfront Terminal Corp. v. United StatesUnited States Court of Claims · 1950
- Markham v. David Stevenson Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1905
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