Legal Opinion

Olin v. Kingsbury

Appellate Division of the Supreme Court of the State of New York

Decided January 18, 1918PublishedCited by 9 opinions

Appeal by the defendant, Howard Thayer Kingsbury, individually and as executor and trustee, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 17th day of October, 1917, upon the decision of the court after a trial at the New York Special Term. The judgment restrained the defendant from separating premises No. 15 Irving place in the city of New York from premises Nos. 17 and 19 Irving place.

1Opinion of the Court

Page, J.:

In 1870, Nos. 15, 17 and 19 Irving place were separate dwelling houses and were at that time leased by their several owners to one Wehrle, who connected the buildings, using them as a hotel. When the leases expired in 1881, premises Nos. 15 and 17 were leased to the same lessees, who used the two as a hotel, premises No. 19 being used as a private dwelling. This continued until 1890, when the three premises were again united in one tenant and conducted as a hotel, and have been so conducted to the present date.

The plaintiffs are-owners of premises No. 15 Irving place and the…

2Cases cited10 opinions

  1. John Hancock Mutual Life Insurance v. PattersonIndiana Supreme Court · 1885
  2. Wells v. . GarbuttNew York Court of Appeals · 1892
  3. Colvin v. BurnetNew York Supreme Court · 1837
  4. Jones v. . ReillyNew York Court of Appeals · 1903
  5. Adams v. MarshallMassachusetts Supreme Judicial Court · 1885

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3Cited by9 opinions

  1. In re the Estate of MillerNew York Surrogate's Court · 1937
  2. In re the Estate of FeldhusNew York Surrogate's Court · 1937
  3. In re the Estate of HeubachNew York Surrogate's Court · 1937
  4. In re the Estate of CanfieldNew York Surrogate's Court · 1937
  5. Board of Managers v. West 79th Street Corp.Appellate Division of the Supreme Court of the State of New York · 2003

4 more not listed; retrieve them via the Exa API.

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