Legal Opinion
Simon v. Schmitt
Appellate Division of the Supreme Court of the State of New York
Decided April 8, 1910PublishedCited by 14 opinions
Appeal by the plaintiff, Kathinka M. Simon, from an order of ■the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of Hew York on the 12th day of November, 1909, affirming a final order of the Municipal Court of the city of New York, rendered on the 26th day of July, 1909, in summary proceedings.
1Opinion of the Court
Miller, J.:
On the 28th of April, 1888, the petitioner’s father leased to the respondent the premises 2007 First avenue, in the city of New York, for the term of twenty-one years ending May 1, 1909, by an instrument in writing, containing the following clause:
“ And it is further mutually covenanted and agreed by and between the parties to these presents for themselves and their respective representatives that in case there shall on the first day of *626January next preceding the expiration of the term hereinabove granted be standing on the front or rear of the lot hereby demised one or more well…
2Cases cited5 opinions
- Reich v. . CochranNew York Court of Appeals · 1896
- Van Rensselaer's Heirs v. PennimanNew York Supreme Court · 1831
- Kelso v. KellyNew York Court of Common Pleas · 1860
- Hausauer v. DahlmanNew York Supreme Court · 1893
- Holsman v. AbramsThe Superior Court of New York City · 1853
3Cited by14 opinions
- DeVita v. PianisaniAppellate Terms of the Supreme Court of New York · 1926
- Walsh v. Fort Schuyler Brewing Co., New York County Courts1914
- Armstrong v. ShapiroAppellate Division of the Supreme Court of the State of New York · 1923
- Maffetone v. MicariCity of New York Municipal Court · 1954
- McCutcheon Realty Corp. v. KilbCity of New York Municipal Court · 1927
9 more not listed; retrieve them via the Exa API.