Van Beuren & New York Bill Post Co. v. Kenney
New York Supreme Court
Motion for an injunction pendente lite.
1Opinion of the CourtBischoff, J.
The words of the agreement “ for the term of one year from the date first above written, with the right of renewal for a like period of time on the same terms and conditions, and thereafter from year to year, so long as the said premises shall be used for advertising purposes,” are not indefinite and provide for successive renewals not exhausted by the first renewal, as in Western Trans. Co. v. Lansing, 49 N. Y. 499, and the agreement itself was a lease. Pocher v. Hall, 50 Misc. Rep. 639. The clause “ as long as the said premises shall be used for advertising purposes ” must reasonably be…
2Cases cited2 opinions
- W. Trans. Co. of Buffalo v. . LansingNew York Court of Appeals · 1872
- Pocher v. HallAppellate Terms of the Supreme Court of New York · 1906
3Cited by4 opinions
- McMillan v. Malvern Gravel Co.District Court, W.D. Arkansas · 1955
- DeSantis v. KesslerAppellate Division of the Supreme Court of the State of New York · 1981
- Montana Consolidated Mines Corp. v. O'ConnellMontana Supreme Court · 1938
- Van Buren & New York Billposting Co. v. C. J. Sullivan Advertising Co.Appellate Division of the Supreme Court of the State of New York · 1913