Seidlitz v. . Auerbach
New York Court of Appeals
Appeal from a judgment entered January 29, 1919, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict directed by the court and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
1Opinion of the CourtAndrews, J.
In 1914 the Arco Realty Company leased to Fox, Temple and Kalek the premises No. 104 and 106 West One Hundred and Sixteenth street, New York, to be used as a theatre. It was agreed that the. buildings then existing should be torn down and one proper for this purpose should be erected by the lessor in their place. The lease contained numerous express conditions “ all and everyone of which the tenant covenants with the landlord to keep and perform.” Some of these conditions were comparatively of slight importance; as, for instance, that requiring the tenant to keep the sidewalks free from ice…
2Cases cited15 opinions
- Caesar v. . RubinsonNew York Court of Appeals · 1903
- Cotheal v. . TalmageNew York Court of Appeals · 1854
- Bagley v. . PeddieNew York Court of Appeals · 1857
- Clement v. . CashNew York Court of Appeals · 1860
- Lampman v. . CochranNew York Court of Appeals · 1857
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