Phyfe v. . Eimer
New York Court of Appeals
Appeal from a judgment of the General Term of the Superior Court of the city of New York affirming a judgment for the plaintiff upon a verdict rendered at the Circuit hy direction of the court. On the 26th of September, 1867, the plaintiff leased to the defendants, the three upper lofts of No. 184 Fulton street, in the city of New York, for $2,500 a year, payable quarterly.
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Appeal from a judgment of the General Term of the Superior Court of the city of New York affirming a judgment for the plaintiff upon a verdict rendered at the Circuit hy direction of the court. On the 26th of September, 1867, the plaintiff leased to the defendants, the three upper lofts of No. 184 Fulton street, in the city of New York, for $2,500 a year, payable quarterly. The lease, hy its terms, expired May 1st, 1871, unless sooner ended by the actual removal of the building by the city, for the purpose of opening or extending Church street, rent to be paid up to such event. The report of…
1Opinion of the CourtRapallo, J.
We do not think it necessary, in this case, to pass upon the questions, elaborately argued on the part of the appellant, as to tlxe existence of a power, under the act of 1818, to suspend the street extension for fifteen months, and as to the time when, and manner in which, thxs power, if existing, must be exercised by the common council.
Assuming, for the pux’poses of the present case, that the counsel for the appellant is right in his position, that the title to that pox’tion of the demised premises which has been taken for the extension of Church street passed to the corporation at the date…
2Cases cited2 opinions
- Daniels v. . PattersonNew York Court of Appeals · 1849
- Phelps v. . BostwickNew York Court of Appeals · 1860
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- Brooks v. StateSupreme Court of Delaware · 1911
- People of the State of N.Y. v. . QuiggNew York Court of Appeals · 1874
- In re Application of DalyAppellate Division of the Supreme Court of the State of New York · 1898
- Geiser Manufacturing Co. v. KrogmanSupreme Court of Iowa · 1900
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