Syms v. . Mayor, Etc., of N.Y.
New York Court of Appeals
Appeal from, judgment of the General Term of the Superior Court of the city of How York, entered upon an order made April 7, 1884, which affirmed a judgment in favor of defendants entered upon a verdict and affirming an order denying a motion for a new trial. The nature of the action and the material facts are stated in the opinion. The ten years statute of limitations, section 388 of the Code, does not apply to this case.
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Appeal from, judgment of the General Term of the Superior Court of the city of How York, entered upon an order made April 7, 1884, which affirmed a judgment in favor of defendants entered upon a verdict and affirming an order denying a motion for a new trial. The nature of the action and the material facts are stated in the opinion. The ten years statute of limitations, section 388 of the Code, does not apply to this case. (Miner v. Beekman, 50 N. Y. 338; Woodfalls L. and T. 229, 660; Platt on Leases, 734.) By reason of imperfect denials in the respondents’ answer the whole of plaintiffs’…
1Opinion of the CourtEarl, J.
On the 10th day of April, 1810, the city of Yew York executed to Peter Lorillard a lease demising to him certain premises for a term of thirty years ending on the 1st day of May, 1840. The lease was executed by both parties, and in it the city agreed that at the expiration of the term, to wit., May 1, 1840, it would demise the premises to him, his assigns, etc., “for and during the term of twenty-one years thereafter, with a like covenant for future renewals of the lease as is contained in this present indenture.” On February 1, 1839, Lorillard assigned the lease to John Syms, who thus became…
2Cases cited3 opinions
- Piggot v. MasonNew York Court of Chancery · 1829
- Rutgers v. HunterNew York Court of Chancery · 1822
- Carr v. EllisonNew York Supreme Court · 1838
3Cited by27 opinions
- City of New York v. New York City Railway Co.New York Court of Appeals · 1908
- Winslow v. Baltimore & Ohio RailroadSupreme Court of the United States · 1903
- Division of the Triple T Service, Inc. v. Mobil Oil Corp.Appellate Division of the Supreme Court of the State of New York · 1969
- Hart v. BlabeyNew York Court of Appeals · 1942
- Burns v. . City of New YorkNew York Court of Appeals · 1915
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