Valentine v. . Healey
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 2Y, 1903, reversing a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 2Y, 1903, reversing a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. TJpon the termination of the lease Mr. Healey had a right to assume his authority over the premises as an owner and tenant in common, and as such to occupy his own property and to permit his firm to occupy with him and for him under his right.…
1Opinion of the CourtCullen, J.
The action was brought to recover a quarter’s rent of certain premises in the city of New York owned by the plaintiff and the defendant Healey, as tenants in common, the plaintiff owning three-quarters and the defendant Healey one-quarter. In May, 1891, the plaintiff and Healey by a written lease demised the premises to a firm composed of said Healey and the defendant Zabriskie for the term of one year at the annual rent of $8,500, payable quarterly, with the privilege to the defendants of continuing the lease for two years more upon giving notice in writing to the owners on or before…
2Cases cited2 opinions
- Haynes v. . AldrichNew York Court of Appeals · 1892
- McKay & Blakeslee v. MumfordNew York Supreme Court · 1833
3Cited by9 opinions
- T. G. W. Realties, Inc. v. Long Island Bird Store, Inc.New York Supreme Court · 1934
- In re WoodCourt of Appeals for the Second Circuit · 1921
- Berlin v. HerbertNassau County District Court · 1965
- Kristel v. SteinbergCity of New York Municipal Court · 1947
- Slade v. Louis Hornick Co.City of New York Municipal Court · 1947
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