Legal Opinion

Benedict v. International Banking Corp.

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

Decided July 1, 1903PublishedCited by 3 opinions

Appeal by the plaintiffs* James A. Benedict and another, from so much of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 1st day of October, 1903, as modifies an injunction order theretofore granted against the defendants as follows: “ So as to allow and authorize the removal by the defendants, or any of them, of that portion of the building No. 62 Wall Street, which is.above the…

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Appeal by the plaintiffs* James A. Benedict and another, from so much of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 1st day of October, 1903, as modifies an injunction order theretofore granted against the defendants as follows: “ So as to allow and authorize the removal by the defendants, or any of them, of that portion of the building No. 62 Wall Street, which is.above the premises occupied by the plaintiffs, in such a way as will not interfere unreasonably with the plaintiffs’ right to quiet…

1Opinion of the Court

O'Brien, J.:

The plaintiffs are the only remaining tenants of the premises known as No. 62 Wall street, which were purchased by the defendant, “ Sixty Wall Street,” a corporation, with the intention of including it, with certain other adjacent property, in a plan to construct a large building. The lease under which the plaintiffs hold *489the front half of the first floor of the building, designated 62 Wall street, contains a covenant for quiet enjoyment and is fora term of three years from the 1st day of May, 1902, with the right of renewal for the further term of two years from the 1st day. of…

2Cited by3 opinions

  1. Braunstein v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1975
  2. Daub v. PopkinNew York Supreme Court · 1957
  3. Shapiro v. 350 E. 78th Street Tenants Corp.Appellate Division of the Supreme Court of the State of New York · 2011

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