United Merchants Realty & Improvement Co. v. American Billposting Co.
New York Supreme Court
Appeal by the defendant from a judgment of the Municipal Court of the city of Hew York, borough of Manhattan, ninth district, rendered in favor of the plaintiff.
1Opinion of the CourtLehman, J.
The plaintiff entered into an agreement with the defendant whereby it assumed to “ lease.” to the defendant the sign, advertising and display privileges for the roof of a building owned by it. The “ lease ” was for the term of five years at an annual rent of $600. A similar agreement has been construed by the Appellate Division of this department in the case of United Merchants Realty & Imp. Co. v. New York Hippodrome, 133 App. Div. 582. The court there intimated that under this agreement no exclusive possession of. the “ landlord’s ” property was given up and that, therefore, the agreement…
2Cases cited4 opinions
- Reynolds v. . Van BeurenNew York Court of Appeals · 1898
- Collister v. . HaymanNew York Court of Appeals · 1905
- United Merchants Realty & Improvement Co. v. New York HippodromeAppellate Division of the Supreme Court of the State of New York · 1909
- Hess v. RobertsAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by9 opinions
- Louisiana Sulphur Carriers, Inc. v. Gulf Resources & Chemical Corp.District Court, D. Delaware · 1971
- Schusterman v. C & F Caterers, Inc.City of New York Municipal Court · 1948
- Melodies, Inc. v. MirabileAppellate Division of the Supreme Court of the State of New York · 1958
- Melodies, Inc. v. MirabileAlbany City Court · 1957
- Bermann v. Windale Properties, Inc.New York Supreme Court · 1957
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