Legal Opinion

Ginsburg v. F. W. Woolworth & Co.

Appellate Division of the Supreme Court of the State of New York

Decided July 31, 1917PublishedCited by 2 opinions

Appeal by the plaintiff, Mayer S. Ginsburg, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Westchester on the 29th day of January, 1917, upon the decision of the court dismissing the complaint after a trial at the Westchester Special Term. The action was brought to obtain an injunction and damages.

1Opinion of the Court

Putnam, J.:

The entire second floor of an old brick building at No. 262 Main street, New Rochelle, when owned by the New Rochelle Trust Company as guardian, was leased to plaintiff September 13,T915, for a dental parlor, with certain terms of renewal for two years. The Woolworth Company, .as tenant, had a retail store in the ground floor. Later, that company purchased this building, subject to plaintiff’s lease. They then acquired the older frame building alongside — No. 260 — and planned to unite the lower floor of No. 262 with a new structure of No. 260, and make the buildings uniform in…

2Cases cited3 opinions

  1. Brande v. GraceMassachusetts Supreme Judicial Court · 1891
  2. Finkelstein v. SchlanowskyAppellate Terms of the Supreme Court of New York · 1912
  3. Hamersmith v. CohnAppellate Terms of the Supreme Court of New York · 1911

3Cited by2 opinions

  1. Harfried Realty Co. v. Spuyten Amusement Corp.Appellate Terms of the Supreme Court of New York · 1934
  2. Byrne v. RinaldoCity of New York Municipal Court · 1931

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