Brooklyn Trust Co. v. Brislin Lumber Co.

Judgment affirmed, with costs. No opinion. Young, Carswell, Scudder and Davis, JJ., concur; Kapper, J., dissents and votes to reverse and to grant judgment in favor of the plaintiff as prayed for in the complaint, with the following memorandum: Despite the covenant in the lease here in controversy, the tenant never did anything, and awaited removal of the spur, and, when removed, notified the landlord that the lease was thereby terminated. The question of the illegality of the spur was wholly anticipatory, and if illegal it was equally so when the lease was made. At best, the clause “ for…