Schenck v. Naylor
The Superior Court of New York City
This action was brought by tne plaintiffs as tenants, against the defendant as landlord, for a breach of a covenant contained in an agreement for the letting of the basement of the premises known as Ho. 464 Pearl street, New York.
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This action was brought by tne plaintiffs as tenants, against the defendant as landlord, for a breach of a covenant contained in an agreement for the letting of the basement of the premises known as Ho. 464 Pearl street, New York. The covenant alleged to be broken, is as follows: “ The plaintiffs show, that in said lease it is further agreed on the part of defendant, that the defendant should not let, of allow to be undeflet, any other part of the building Ho. 464 Pearl street, for a festaurant or porter-house.” The breach of the covenant is alleged as follows: “ The plaintiffs show that on…
1Opinion of the CourtDuer, J.
I cannot give that construction to the covenant in the lease which was insisted on by the counsel for the plaintiffs ; and giving the proper construction to the covenant, I cannot say that the complaint alleges a breach. The covenant is not general, but is limited to the personal acts of the defendant. It is not, that during the continuance of the lease no restaurant, or porter-house, shall be opened in any other part of the premi*678ses, but that the defendant will not let, nor allow to be under-let, any part of the premises for such a purpose. The complaint does not allege that either of these…
2Cited by2 opinions
- Baby Show Exhibition Co. v. Crowell Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Picker v. WeissNew York Supreme Court · 1902