Burns v. . City of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first, judicial department, - entered November 24, 1913, in favor of plaintiff upon the-submission of a controversy under section 1279 of the Code of Civil Procedure. The nature of the controversy and the facts, as far as material, are stated in the opinion. The power and authority to make the lease of 1811 was vested in the mayor, aldermen and commonalty of the city of New York by charter.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first, judicial department, - entered November 24, 1913, in favor of plaintiff upon the-submission of a controversy under section 1279 of the Code of Civil Procedure. The nature of the controversy and the facts, as far as material, are stated in the opinion. The power and authority to make the lease of 1811 was vested in the mayor, aldermen and commonalty of the city of New York by charter. (Dongan Charter, § 12; Montgomerie Charter, § 36.) The covenant for renewal contained in, the original lease, and in each…
1Opinion of the CourtChase, J.
The mayor, aldermen and commonalty of the city of New York, in 1811, leased to John Dixey a small piece of real property in the city of New York now known as No. 103 Park Eow. The lease was for the term of twenty-one years, beginning May 1, 1806. It contained a covenant by the lessor that “They, the said Mayor, Aldermen and Commonalty of the City of New York, their successors and assigns shall and will, at the expiration of the term hereby demised, again demise and to farm let the above premises in pursuance of this present lease unto the said John Dixey, his executors, administrators or…
2Cases cited9 opinions
- Winslow v. Baltimore & Ohio RailroadSupreme Court of the United States · 1903
- Piggot v. MasonNew York Court of Chancery · 1829
- Syms v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1887
- Hoff v. Royal Metal Furniture Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Rutgers v. HunterNew York Court of Chancery · 1822
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3Cited by29 opinions
- Duffill v. Los Angeles Trust & Savings BankCalifornia Supreme Court · 1922
- Lonergan v. Connecticut Food Store, Inc.Supreme Court of Connecticut · 1975
- Mobil Oil Corp. v. RubenfeldAppellate Division of the Supreme Court of the State of New York · 1975
- Becker v. Submarine Oil Co.California Court of Appeal · 1921
- Matter of City of N.Y. (Piers Old Nos. 8-11)New York Court of Appeals · 1920
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