Hesler v. Shafer
New York Supreme Court
Appeal from special term, Onondaga county. Action by Holister E. Hesler against 0. Frederick Shafer. From an order vacating an injunction in part, plaintiff appeals.
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Appeal from special term, Onondaga county. Action by Holister E. Hesler against 0. Frederick Shafer. From an order vacating an injunction in part, plaintiff appeals. The order appealed from set aside an injunction order “so far as to permit the defendant to construct two additional stories of brick on the one-story building or buildings heretofore constructed by Hesler & Shafer in the rear of the three-story building on the corner of North Salina and Butternut streets, in the city of Syracuse, now owned by defendant, the north wall of said building so carried up two stories not to extend…
1Opinion of the CourtHardin, P. J.
Plaintiff, in January, 1894, took from defendant, the owner, a lease of certain premises described in the complaint. In the lease was a reservation in the following words:
“That he will permit the landlord or his agents to enter said premises at all reasonable hours, to examine or make such repairs and alterations therein as shall be necessary, or as he may consider important, for the preservation and improvement thereof.”
Plaintiff insists that the acts which the modification in the injunction permits exceed the privilege conferred by the clause in the lease, and contends that the premises…
2Cases cited5 opinions
- Hudson River Telephone Co. v. Watervliet Turnpike & R. R.New York Court of Appeals · 1890
- Hudson River Telephone Co. v. Watervliet Turnpike & RailroadNew York Court of Appeals · 1890
- White v. . MealioNew York Court of Appeals · 1875
- City of Gloversville v. Johnstown, Gloversville & Kingsboro Horse RailroadNew York Supreme Court · 1892
- Dutton v. HoldenNew York Supreme Court · 1830
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- Syracuse & Oneida Lake Electric Railway Co. v. Syracuse Rapid Transit Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Pratt v. New York Cent. & H. R. R.New York Supreme Court · 1895