Wagner v. Van Schaick Realty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, David Wagner, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 8th day of January, 1914, upon the decision of the court after a trial before the court at the New York Trial Term, a jury having been waived.
1Opinion of the Court
Ingraham, P. J.:
Prior to November 3, 1909, the defendant had acquired the premises known as No. 47 Lenox avenue, in the city of New *633York, which were subject to a mortgage of $200,000, which the defendant had not assumed or agreed to pay. On November 3, 1909, the defendant executed a lease of a store in the said building, on the northwest corner of Lenox avenue and One Hundred and Twelfth street, to one Isaac Roth for a term of five years from January 1, 1910, and expiring on December 31, 1915, at the annual rental of $1,300. The lease provided that the said store was to be used and occupied…
2Cases cited3 opinions
- Mygatt v. . CoeNew York Court of Appeals · 1891
- Matter of StrasburgerNew York Court of Appeals · 1892
- Gallagher v. MerrillAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by3 opinions
- Ganz v. ClarkNew York Court of Appeals · 1929
- 220 West 42 Associates v. Ronbet Newmark Co.New York Supreme Court · 1975
- Best v. Crown Drug Co.Court of Appeals for the Eighth Circuit · 1946