Hoff v. Royal Metal Furniture Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Annie C- Hoff, from a final order of the Municipal Court of the city of Kew York, borough of Brooklyn, rendered on the 7th day of May, 1906,, dismissing the petition upon the merits, in a summary proceeding brought by a landlord to ■ remove a tenant. " The lease was in writing and was made on May 1, 190,3. .It was for a term of one year from said May 1 at a yearly rent of $600 payable in equal monthly payments on the 10th day of each month.
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Appeal by the plaintiff, Annie C- Hoff, from a final order of the Municipal Court of the city of Kew York, borough of Brooklyn, rendered on the 7th day of May, 1906,, dismissing the petition upon the merits, in a summary proceeding brought by a landlord to ■ remove a tenant. " The lease was in writing and was made on May 1, 190,3. .It was for a term of one year from said May 1 at a yearly rent of $600 payable in equal monthly payments on the 10th day of each month. It also contained the following covenant : “ Said party of the second part, its successors or assigns, to have the privilege of…
1Opinion of the Court
Gaynor, J.:
The covenant for renewals is in no way indefinite; its specific performance could be decreed. A bare covenant to renew means on the terms of the original lease (Tracy v. Albany Exchange Co., 7 N. Y. 172; Western New York & Pennsylvania R. Co. v. Rea, 83 App. Div. 576). That the covenant is for perpetual yearly renewals does not make it void. Such covenants are lawful and in general use (Rutgers v. Hunter, 6 Johns. Ch. 215, 219; Hare v. Burges, 4 K. & J. 45 ; Blackmore v. Boardman, 28 Mo. 120).
The case of Western Transportation Co. v. Lansing (49 N. Y. 499) is not in point.- There…
2Cases cited4 opinions
- W. Trans. Co. of Buffalo v. . LansingNew York Court of Appeals · 1872
- Rutgers v. HunterNew York Court of Chancery · 1822
- Western New York & Pennsylvania Railway Co. v. ReaAppellate Division of the Supreme Court of the State of New York · 1903
- Danihee v. . HyattNew York Court of Appeals · 1897
3Cited by19 opinions
- Mobil Oil Corp. v. RubenfeldAppellate Division of the Supreme Court of the State of New York · 1975
- Burns v. . City of New YorkNew York Court of Appeals · 1915
- Nakdimen v. Atkinson Improvement Co.Supreme Court of Arkansas · 1921
- Gleason v. TompkinsNew York Supreme Court · 1975
- Rosson v. BennettCourt of Appeals of Texas · 1927
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