Hall v. Irwin
Appellate Division of the Supreme Court of the State of New York
Appeal from appellate term. Summary proceedings to dispossess a tenant by Charles W. Hall against George C. Irwin. From an order of the appellate term, reversing the judgment of the municipal court in favor of defendant (77 N. Y. Supp. 91), he appeals. Reversed. This proceeding was begun in the municipal court to dispossess a tenant from rooms in the office building 140 Nassau street, and tried before a jury.
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Appeal from appellate term. Summary proceedings to dispossess a tenant by Charles W. Hall against George C. Irwin. From an order of the appellate term, reversing the judgment of the municipal court in favor of defendant (77 N. Y. Supp. 91), he appeals. Reversed. This proceeding was begun in the municipal court to dispossess a tenant from rooms in the office building 140 Nassau street, and tried before a jury. The petition avers that the tenant entered into an agreement with the landlord to rent four rooms on the seventh floor of the building at a rental of 61,000 a year from May 1, 1901,…
1Opinion of the CourtO’Brien, J.
It is for us to determine upon the evidence whether the judge of the municipal court was right in submitting the questions as ones of fact to the jury, or whether the appellate term was right in determining them as matters of law. The use of closets contiguous to the rooms rented, and of the wash-basins therein, of the elevators and hallways, stairs and entrance of the building, was included, though not mentioned in the lease, and the right to use them passed to the tenant. As said in Doyle v. Lord, 64 N. Y. 437, 21 Am. Rep. 629:
“The general rule of law is that, where a house or store is…
2Cases cited6 opinions
- Doyle v. . LordNew York Court of Appeals · 1876
- Simmons v. . CloonanNew York Court of Appeals · 1880
- Hamilton v. GraybillAppellate Terms of the Supreme Court of New York · 1897
- Sirey v. BraemsAppellate Division of the Supreme Court of the State of New York · 1901
- Peck v. HilerNew York Supreme Court · 1857
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Bellon v. Silver Gate Theatres, Inc.California Supreme Court · 1935
- Runyon v. City of Los AngelesCalifornia Court of Appeal · 1919
- New State Brewing Ass'n v. MillerSupreme Court of Oklahoma · 1914
- Butler v. NewhouseAppellate Terms of the Supreme Court of New York · 1903
- Call v. CaseAppellate Terms of the Supreme Court of New York · 1903
2 more not listed; retrieve them via the Exa API.