Thomson-Houston Electric Co. v. Durant Land Improvement Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Court -of Common Pleas for the City and County of New York, entered upon an order made the first Monday of June, 1893, which affirmed a judgment in favor of defendant entered upon the report of a referee.
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Appeal from judgment of the General Term of the Court -of Common Pleas for the City and County of New York, entered upon an order made the first Monday of June, 1893, which affirmed a judgment in favor of defendant entered upon the report of a referee. The action was brought by an electric light company as lessee, to enjoin the defendant, the landlord, from ejecting it from the premises, Nos. 421 431, on 24th and 25th streets in the city of New York, and for damages sustained from a breach of covenants on the part of the lessor. The parties represent the original parties to the lease, and to…
1Opinion of the Court
Andrews, Oh. J.
The principal question of fact litigated on the trial related to the condition of the walls of the building on the demised premises. A large mass of evidence was taken of architects, "builders and other persons, and it tended to establish, by the great preponderance of proof, that the walls were unsafe, and rendered the upper stories of the building unfit for occupation for any business purpose. The building was condemned as wholly unsafe by the building department of the city of New York prior to May 1, 1888. The defendant contested the decision, and issues were tried before a…
2Cases cited5 opinions
- Boreel v. . LawtonNew York Court of Appeals · 1882
- Myers v. . BurnsNew York Court of Appeals · 1866
- Messmore v. New York Shot & Lead Co.New York Court of Appeals · 1869
- Leeds v. . Metropolitan Gas-Light Co.New York Court of Appeals · 1882
- Cook v. . SouleNew York Court of Appeals · 1874
3Cited by61 opinions
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- Dave Herstein Co. v. Columbia Pictures Corp.New York Court of Appeals · 1958
- In Re BarnettCourt of Appeals for the Second Circuit · 1926
- City of New York v. Pike Realty Corp.New York Court of Appeals · 1928
- Noble v. TweedyCalifornia Court of Appeal · 1949
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