Detmold v. . Drake
New York Court of Appeals
Appeal' from a judgment of the General Term of the Hew York Common Pleas, affirming a judgment entered upon the report of a referee in favor of plaintiff.
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Appeal' from a judgment of the General Term of the Hew York Common Pleas, affirming a judgment entered upon the report of a referee in favor of plaintiff. Action for use and occupation of a store in the city of Hew York, for a quarter ending in May, 1868. The plaintiff, by lease dated March 8th, 1866, demised to the defendants the store and lot Ho. 105 Liberty street, Hew York, for five years from May 1st, 1866, at the annual rent of $5,000, payable on the usual quarter days. The lease contained the following clause : “And in case the city of Hew York shall take statutory proceedings, for the…
1Opinion of the Court
By the Court—Beckham, J.
By the terms of the lease between these parties, it terminated and became void, upon confirmation of the report of the commissioners of assessment, in opening the new street. But the defendants continued to occupy the premises up to and after the first of said May, under an arrangement, that they would pay the rent if they were liable.
The statute of 1813, under which this street was widened, provides, that upon the confirmation of the report of the commissioners of estimate and assessment by the court, the mayor, aldermen, etc., of ¡New York shall be seized in fee of…
2Cases cited1 opinion
- Lee v. TillotsonNew York Supreme Court · 1840
3Cited by6 opinions
- State Tax-Law CasesMichigan Supreme Court · 1884
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- In re Board of Street OpeningAppellate Division of the Supreme Court of the State of New York · 1897
- General Motors Acceptance Corp. v. VicarsSupreme Court of Virginia · 1929
- Hamersley v. Mayor of New YorkNew York Supreme Court · 1873
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