Glendening v. Western Union Telegraph Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Western Union Telegraph Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 21st day of April, 1914, upon the decision of the court after a trial at the New York Special Term. Appeal by the plaintiff, George 0. Glendening, from so much of said judgment as decrees that plaintiff is entitled to recover compensatory damages only in this action.
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Appeal by the defendant, The Western Union Telegraph Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 21st day of April, 1914, upon the decision of the court after a trial at the New York Special Term. Appeal by the plaintiff, George 0. Glendening, from so much of said judgment as decrees that plaintiff is entitled to recover compensatory damages only in this action. The judgment restrained the defendant from interfering with plaintiff’s possession of the store 8, 10 and 12 Dey street, and the…
1Opinion of the Court
Hotchkiss, J.:
On April 28, 1908, defendant leased to plaintiff, doing business as the Interborough Dairy Lunch Company, the premises in question for the term of ten years from the 1st day of May, 1908, the same to be used for restaurant purposes only. The lease contained a covenant by the plaintiff against assigning, letting or subletting all or any part of the premises without the defendant’s written consent to each and every such assignment or subletting, and for a violation of this covenant it was agreed that, at the option of the defendant, the lease should become void and the defendant…
2Cases cited3 opinions
- Hunt v. Rousmanier's AdministratorsSupreme Court of the United States · 1823
- Terwilliger v. Ontario, Carbondale & Scranton RailroadNew York Court of Appeals · 1896
- Herzig v. BlumenkrohnAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by4 opinions
- Weintraub v. WeingartCalifornia Court of Appeal · 1929
- Schmaeling v. SchmaelingNassau County District Court · 1985
- Glendening v. Western Union Telegraph Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Kings Medical Management, Inc. v. Baker, Sanders, Barshay, Grossman, Fass, Muhlstock & Neuwirth, P.C.Appellate Division of the Supreme Court of the State of New York · 2010