Livingston v. . Sage
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made October 26, 1883, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion. This suit is properly brought, and the court has jurisdiction to examine and construe the leases in aid of the arbitration. (1 Pomeroy Eq.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made October 26, 1883, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion. This suit is properly brought, and the court has jurisdiction to examine and construe the leases in aid of the arbitration. (1 Pomeroy Eq. Jur., §§ 378-384, 424, 424; Cooke v. Cooke, L. R., 7 Eq. 77 ; Piercy v. Young, L. R., 14 Ch. Div. 200; Caledonian R'y Co. v.…
1Opinion of the CourtRapallo, J.
By a lease dated May 1,1860, the plaintiffs demised to Hollister, the assignor of the defendant, a lot of land on the westerly side of Fifth avenue in the city of Hew York, seventy-four feet six inches northerly from Forty-second street, twenty-five feet and eleven inches in width, and one hundred feet in depth, for the term of twenty-one years, at the yearly rent of $570. This lease contained covenants for renewals with the usual provisions for determining by arbitration the rent to be' reserved on each renewal, which was to be five per cent upon the estimated value of the lot, at the time…
2Cited by5 opinions
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- Kernochan v. . Manhattan Railway Co.New York Court of Appeals · 1900
- In re New York, Lackwanna & Western Railway Co.New York Court of Appeals · 1886
- Storms v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902