Schwarzler v. McClenahan
Appellate Division of the Supreme Court of the State of New York
" Appeal by the defendants, James McClenahan and others, executors, etc., of David Stevenson, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 13th day of July, 1898,. upon the verdict of a jury, and also from an order entered in said clerk’s office on the 13th day of- July, 1898, denying the defendants’ motion for a new trial made upon the minutes.
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" Appeal by the defendants, James McClenahan and others, executors, etc., of David Stevenson, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 13th day of July, 1898,. upon the verdict of a jury, and also from an order entered in said clerk’s office on the 13th day of- July, 1898, denying the defendants’ motion for a new trial made upon the minutes. This appeal was transferred from the first department to the second department.
1Opinion of the Court
Hatch. J. :
- The plaintiff’s assignor held a lease of certain premises situated on Eleventh avenue in the borough of Manhattan for the term of three years from May 1, 1889. By its terms this lease expired on April 30, 1892. There was also testimony in the ease tending to-establish that the plaintiff’s assignor was the owner of the building upon the property and the rent reserved in the lease was for ground rent. Prior to the expiration of the term plaintiff’s assignor sub-let the premises at a rental of $480 a year, but reserved no right' of re-entry thereunder. After the last lease the title…
2Cases cited2 opinions
- Stewart v. . Long Island R.R. Co.New York Court of Appeals · 1886
- Manheim v. SeitzAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by3 opinions
- Phelan v. KennedyAppellate Division of the Supreme Court of the State of New York · 1919
- A. C. & H. M. Hall Realty Co. v. V. A. C. Corp.Appellate Division of the Supreme Court of the State of New York · 1949
- Morgenthau v. BeatonAppellate Terms of the Supreme Court of New York · 1904