Hessler v. Schafer
New York Supreme Court
Appeal by the plaintiff, Holister E. Hessler, from that portion of an order of the Supreme Court, made at the Oswego Special Term and entered in the office of the clerk of the county of Onondaga on the 22d day of May, 1894, which vacated and set aside a temporary injunction order granted in the action so far as to permit the defendant to construct' two1 additional stories of brick on the one-story building or buildings heretofore constructed by Hessler & Schafer in the rear…
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Appeal by the plaintiff, Holister E. Hessler, from that portion of an order of the Supreme Court, made at the Oswego Special Term and entered in the office of the clerk of the county of Onondaga on the 22d day of May, 1894, which vacated and set aside a temporary injunction order granted in the action so far as to permit the defendant to construct' two1 additional stories of brick on the one-story building or buildings heretofore constructed by Hessler & Schafer in the rear of the thre'e-story building on the corner of North Salina and Butternut streets in the city of Syracuse, now owned by…
1Opinion of the Court
Hardin, P. J.:
Plaintiff, in January, 189J, took from defendant, the owner, a lease of certain premises described in the complaint. In the lease was a reservation in the following words : “ That he will permit the landlord or his agents to enter said premises at all reasonable hours to examine or make such repairs and alterations therein as shall be necessary, or as he may consider important, for the preservation and improvement thereof.” Plaintiff insists that the acts which the modification in the injunction permits exceed the privilege conferred by the clause in the lease, and contends that…
2Cases cited3 opinions
- Packard v. GetmanNew York Supreme Court · 1830
- Hudson River Telephone Co. v. Watervliet Turnpike & RailroadNew York Court of Appeals · 1890
- White v. . MealioNew York Court of Appeals · 1875