Legal Opinion

Terwilliger v. Browning, King & Co.

Appellate Division of the Supreme Court of the State of New York

Decided November 10, 1920Published

Appeal by the defendant, Browning, King & Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Ulster on the 10th day of Juñe, 1919, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 15th day of May, 1919, denying the defendant’s motion for a new trial made updn the minutes.

1Dissent

Kiley, J. (dissenting):

On the 3d day of April, 1908, the defendant, a foreign corporation, leased to the plaintiff the basement of its property *637at 1265-1269 Broadway, New York city, to be used as a Russian and Turkish bath establishment, which basement was then equipped and ready for use as contemplated in said lease. Said term, as provided in the lease, was to extend to May 1, 1924 (sixteen years); the annual rental was stipulated in the lease at $11,000; in addition the second party, plaintiff herein, was to pay at the rate of $800 per annum for use of water until the same could be metered,…

Also in this document: Concurrence.

2Cases cited21 opinions

  1. Uline v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
  2. Lawrence v. . MillerNew York Court of Appeals · 1881
  3. Gt. W. Turnpike Co. v. . LoomisNew York Court of Appeals · 1865
  4. People Ex Rel. Phelps v. Court of Oyer & TerminerNew York Court of Appeals · 1881
  5. Trull v. . GrangerNew York Court of Appeals · 1853

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