Niederstein v. Cusick
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John Niederstein, Jr., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 5th day of November, 1902, upon the decision of the court, rendered after a trial at the Kings County Special Term, sustaining the defendant’s demurrer to the plaintiff’s amended complaint.
1Opinion of the Court
Hooker, J.:
On April 1, 1898, the plaintiff leased of the defendant certain premises in the borough of Brooklyn for the term of five years from that day. His complaint alleges that he made the alterations and additions mentioned in the lease, which by the terms thereof were to become the property of the defendant at the end of the five-year term if the plaintiff asked for no renewal, and .were to become her property absolutely at the end of the five-year renewal. The material provisions of the instrument are as follows : “ It is further expressly understood and agreed between the parties…
2Cases cited2 opinions
- Bank of Montreal v. . RecknagelNew York Court of Appeals · 1888
- Bamman v. BinzenNew York Supreme Court · 1892
3Cited by2 opinions
- Weir v. BarkerAppellate Division of the Supreme Court of the State of New York · 1905
- Neiderstein v. CusickAppellate Division of the Supreme Court of the State of New York · 1908