Coleman v. Fitzgerald Bros.
Appellate Terms of the Supreme Court of New York
Appeal from a judgment, in favor of the plaintiff, rendered in the Municipal Court of the city of Hew York, tenth district, borough of Manhattan.
1Opinion of the CourtLeventbitt, J.
This action is brought to enforce the payment of rent against the defendant corporation on the theory that it became a holdover on the expiration of a demise for a definite term.
On May 1, 1895, the plaintiff by a written indenture leased to-the defendant’s predecessor in interest the premises in question for a term of three years. In accordance with the provisions of the lease, a portion of the premises were sublet. A few days before the end of the term the defendant notified the plaintiff of its intention to move, and accordingly did so on the 1st day of May,. 1898. The subtenant, however,…
2Cases cited7 opinions
- Schuyler v. . SmithNew York Court of Appeals · 1873
- Haynes v. . AldrichNew York Court of Appeals · 1892
- Herter v. . MullenNew York Court of Appeals · 1899
- Laughran v. . SmithNew York Court of Appeals · 1878
- Conway v. StarkweatherCourt for the Trial of Impeachments and Correction of Errors · 1845
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3Cited by1 opinion
- Morgenthau v. BeatonAppellate Terms of the Supreme Court of New York · 1904