Trustees & Associates of the Brooklyn Benevolent Society v. Connell
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, William F. Connell and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Kings on the 20th day of September, 1916, upon the report of a referee appointed to hear and determine the issues.
1Opinion of the Court
Stapleton, J.:
A lessor sued his lessee in an action to recover real property. The term of the lease had expired. The lessor had the' right, under the lease, to elect, at its expiration, whether it would renew or take the building erected on the demised premises at a price to be fixed by arbitration. It made no election. The lessee continued in possession of the premises after the expiration of the term. The lessor brought the action to recover possession, alleging a violation of a covenant against subletting without the written consent of the lessor, and a violation of a covenant restricting…
2Cases cited4 opinions
- Zorkowski v. . AstorNew York Court of Appeals · 1898
- Doyle v. Hamilton Fish Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Conger v. EnslerAppellate Division of the Supreme Court of the State of New York · 1903
- Doyle v. . Hamilton Fish CorporationNew York Court of Appeals · 1915
3Cited by1 opinion
- Trustees of Columbia University v. KalvinNew York Supreme Court · 1928