Palmer & Singer Manufacturing Co. v. Barney Estate Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Barney Estate Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 17th day of November, 1911, upon the decision of the court rendered after a trial at the New York Special Term, and also, as stated in the notice of appeal, from the decision upon which said judgment was entered. ■ The judgment granted a permanent injunction restraining the defendant as…
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Appeal by the defendant, the Barney Estate Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 17th day of November, 1911, upon the decision of the court rendered after a trial at the New York Special Term, and also, as stated in the notice of appeal, from the decision upon which said judgment was entered. ■ The judgment granted a permanent injunction restraining the defendant as landlord from interfering with plaintiffs’ possession of certain premises under a lease, and from prosecuting or continuing…
1Opinion of the Court
Clarke, J.:
The defendant is the owner in fee and landlord of certain premises known as 1618 and 1620 Broadway, in the borough of Manhattan, and the plaintiffs are tenants thereof under a lease entered into in 1906 between the then owner of the property and plaintiffs’ assignor. The said lease was for a term of ten years, *138and provided for an annual rent of $19,500, to be paid in advance in equal quarterly payments.
The said lease further provided: “Ninth. In case of default by said tenant in any of the covenants herein contained or in case the whole or any part of said premises shall become…
2Cases cited4 opinions
- Noyes v. . AndersonNew York Court of Appeals · 1891
- Giles v. . AustinNew York Court of Appeals · 1875
- Horton v. New York Central & Hudson River R.R.New York Supreme Court · 1883
- Barney Estate Co. v. Palmer & Singer Manufacturing Co.New York Supreme Court · 1910
3Cited by5 opinions
- Loughery v. CatalanoNew York Supreme Court · 1921
- Whitcomb v. Indianapolis Traction & Terminal Co.Indiana Court of Appeals · 1917
- Small v. De BruynCity of New York Municipal Court · 1946
- Jamaica Builders Supply Corp. v. ButtelmanCity of New York Municipal Court · 1960
- Millspaugh v. PaduchCity of New York Municipal Court · 1940