Storms v. . Manhattan Railway Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 15, 1902, modifying and affirming as modified a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 15, 1902, modifying and affirming as modified a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff is not entitled to maintain this action because her ownership of the lease accrued at a time when defendant’s structure was in the street, operating as at present, because she sues as owner of a lease made since that time with rent…
1Opinion of the CourtMartin, J.
Appeal from a judgment of the Appellate
Division in the first department, modifying the judgment of the Trial Term by requiring the plaintiffs to release to the defendants not only any rights they may have under the present lease, but also any rights they may acquire by reason of a renewal thereof, and as thus modified, affirming the judgment entered upon a decision of the Special Term.
The plaintiff Frances J. Storms, as the owner of the building situated upon the premises in question, and her husband as sub-tenant, brought this action to restrain the operation of the defendants’ road in front…
2Cases cited10 opinions
- Pappenheim v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Kernochan v. . N.Y.E.R.R. Co.New York Court of Appeals · 1891
- Fries v. . New York Harlem R.R. Co.New York Court of Appeals · 1901
- Witmark v. New York Elevated RailroadNew York Court of Appeals · 1896
- Herzog v. New York Elevated Railway Co.New York Supreme Court · 1894
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Burns v. . City of New YorkNew York Court of Appeals · 1915
- Gleason v. TompkinsNew York Supreme Court · 1975
- Pickler v. MershonSupreme Court of Iowa · 1931
- Swan v. . InderliedNew York Court of Appeals · 1907
- B. J. Galligan & Co. v. P. S. M., Inc.City of New York Municipal Court · 1921
8 more not listed; retrieve them via the Exa API.