Herald Square Realty Co. v. Saks & Co.
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure.
1Dissent
Scott, J. (dissenting):
In my opinion the cost of removing the unlawful obstruction upon the public highway was an expense to be borne by the owner of the building, and not by the tenant. We so held in City of New York v. United States Trust Co. (116 App. Div. 349), and I think that the reasoning in that case is equally applicable to this. The provision in the lease in this case upon which plaintiff relies is that the tenant “ will promptly comply at its own expense with all orders, notices, regulations or requirements of any Municipal, State or other Authority or Departments or of the Hew…
2Cases cited4 opinions
- City of New York v. United States Trust Co.Appellate Division of the Supreme Court of the State of New York · 1906
- People ex rel. Browning v. StoverAppellate Division of the Supreme Court of the State of New York · 1911
- Markham v. David Stevenson Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1905
- People Ex Rel. Browning, King and Company v. . StoverNew York Court of Appeals · 1911