Chisolm v. Toplitz
Appellate Division of the Supreme Court of the State of New York
',. Appeal by the defendant,, Harry L. Toplitz, from, a judgment.of the Supreme Court in favor of the plaintiff, entered in the office of the "clerk of the county of New York on the -6th day of .June, 1902, upon the decision of the court, rendered after a trial, before the court without a jury at the New York Trial Term.
1Opinion of the Court
Scott, J.:
■The defendant is- administrator with the will annexed of Lippman Toplitz, deceased, who was the lessee of a lot of land in the city of Hew York under a ¡lease made in 1877 for a term, of twenty-one *347years, and which had over a year to run when the defendant was appointed administrator. The lease was of the land only, the building upon it belonging to the lessee. It provided for perpetual renewals, at the option of the lessee, at rentals estimated upon the value of the land as a vacant lot at the expiration of each term. Ho provision was made whereby compensation should be made to…
2Cases cited1 opinion
- O'Brien v. . JacksonNew York Court of Appeals · 1901
3Cited by2 opinions
- Hellawell v. Garrett Busch & Son, Inc.New York Supreme Court · 1936
- Fischer v. SchramAppellate Division of the Supreme Court of the State of New York · 1916