Ettlinger v. Trustees of Sailors' Snug Harbor
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Samuel Ettlinger, as administrator, etc., from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 26th day of October, 1901, denying the plaintiff’s motion to settle the issues to be tried by a jury.
1Opinion of the Court
Clarke, J.:
The complaint alleges that on or about the 1st day of May, 1886, the defendant leased to one Lincoln a certain lot of land in the city of Hew York for the term of twenty-one years.; that thereafter said Lincoln duly assigned said lease to plaintiff’s decedent; that in said, lease it was provided that at the expiration of the term granted, if the said parties should agree upon a renewal thereof for the further term of twenty-one years, and should, by mutual consent, fix upon the annual ground rent to be reserved, the defendant would execute a new lease for the term of twenty-one…
2Cases cited4 opinions
- Chapman v. RobertsonNew York Court of Chancery · 1837
- MacKellar v. . RogersNew York Court of Appeals · 1888
- Smith v. FleischmanAppellate Division of the Supreme Court of the State of New York · 1897
- Arnot v. NevinsAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by3 opinions
- Manhattan Life Insurance v. Hammerstein Opera Co.New York Supreme Court · 1917
- Haff v. HaffNew York Supreme Court · 1909
- Killeen v. KiernanNew York Supreme Court · 1911