Hart v. . City Theatres Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of , the Supreme Court in the first judicial department, entered May 8, 1913, upon an order reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term, and directed judgment in favor of- plaintiff for the relief demanded in the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of , the Supreme Court in the first judicial department, entered May 8, 1913, upon an order reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term, and directed judgment in favor of- plaintiff for the relief demanded in the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The privilege and license which the agreement in suit contemplated giving the defendant cannot be enforced without violating the law. Such agreement, therefore, is…
1Opinion of the Court
" Werner, J.
The plaintiff is the lessee of premises on East Fourteenth street, in the borough of Manhattan, city of New York, and the defendant is the owner of a theatre building adjoining plaintiff’s premises. On January 6th, 1910, the parties entered into an agreement in the form of a lease, by the terms of which the plaintiff, for a stipulated rental, gave to the defendant the right to construct a doorway through the rear wall at the third story of the plaintiff’s building. This opening was designed to connect the gallery of the defendant’s theatre with the hall and stairways of the…
2Cases cited1 opinion
- Miller v. AmmonSupreme Court of the United States · 1892
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- German v. Federal Home Loan Mortgage Corp.District Court, S.D. New York · 1995
- Matter of Stubbe v. . AdamsonNew York Court of Appeals · 1917
- Municipal Metallic Bed Manufacturing Corp. v. DobbsNew York Court of Appeals · 1930
- Jessewich v. AbbeneCity of New York Municipal Court · 1935
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