Smathers v. Standard Oil Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Standard Oil Company of New York, from 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 12th day of April, 1921, granting plaintiff’s motion for judgment on the pleadings, consisting of a complaint and answer thereto.
1Opinion of the Court
Greenbaum, J.:
The complaint alleges that on March 1, 1920, plaintiff leased to the defendant for the term of ninety-nine years, premises known as No. 12 Broadway, in the city of New York, at the yearly rental of $250,000. The provision in the lease as to the payment of rents is as follows: “ To have and to hold said premises * * * unto the tenant from and after twelve o’clock noon on the first day of March in the year One Thousand Nine Hundred and Twenty (1920), for and during the term of ninety-nine (99) years, that is to say, until twelve (12) o’clock noon on the last day of February in the…
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