Marbridge Building Co. v. White
Appellate Terms of the Supreme Court of New York
Appeal by defendant from a judgment of the Municipal Court of the city of New York, borough of Manhattan, ninth district, in favor of plaintiff, after trial by the court without a jury.
1Opinion of the CourtLehman, J.
I agree with Mr. Justice Mullan that under the authority of Livingston v. Robb, 61 Misc. Rep. 81, the counsel fee and other expenses incurred in procuring defendant’s removal are not proper elements of damage in an action for breach of the defendant’s covenant to surrender the demised premises at the expiration of defendant’s term but in my opinion the plaintiff is entitled to recover the value of the use and occupation of the premises.
*322The case of United Merchants Realty & Improvement Co. v. Roth, 193 N. Y. 570, established the rule that “ a new lessee, whose lease begins at the termination…
2Cases cited7 opinions
- United Merchants' Realty & Improvement Co. v. RothNew York Court of Appeals · 1908
- Whiting v. . EdmundsNew York Court of Appeals · 1884
- Benjamin v. . BenjaminNew York Court of Appeals · 1851
- Eells v. . MorseNew York Court of Appeals · 1913
- People Ex Rel. Mitchell v. SimpsonNew York Court of Appeals · 1863
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Bloch v. BuschTennessee Supreme Court · 1929
- In re the Estate of RadwayNew York Surrogate's Court · 1932
- London v. StateNew York Court of Claims · 1949
- N. R. M. Garage Corp. v. Morris Feig Garage Corp.Appellate Terms of the Supreme Court of New York · 1951