United Merchants' Realty & Improvement Co. v. American Billposting Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Ninth District. Action by the United Merchants’ Realty & Improvement Company against the American Billposting Company. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtLehman, J.
The plaintiff entered into an agreement with the defendant whereby it assumed to “lease” to the defendant the sign, *667advertising, and display privileges for the roof of a building owned by it. The “lease” was for the term of five years, at the annual rent of $600.
A similar agreement has been construed by the Appellate Division of this department in the case of United Merchants’ Realty Company v. New York Hippodrome Co., 133 App. Div. 582, 118 N. Y. Supp. 128. The court there intimated that under this agreement no exclusive possession of the “landlord’s” property was given up, and that…
2Cases cited4 opinions
- Reynolds v. . Van BeurenNew York Court of Appeals · 1898
- Collister v. . HaymanNew York Court of Appeals · 1905
- United Merchants Realty & Improvement Co. v. New York HippodromeAppellate Division of the Supreme Court of the State of New York · 1909
- Hess v. RobertsAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by4 opinions
- Louisiana Sulphur Carriers, Inc. v. Gulf Resources & Chemical Corp.District Court, D. Delaware · 1971
- Apollo Stereo Music Company, Inc. v. KlingColorado Court of Appeals · 1974
- New York Central Railroad v. Central New England Railway Co.Massachusetts Supreme Judicial Court · 1928
- Brumbaugh System, Inc. v. Providence Live Poultry Co.Supreme Court of Rhode Island · 1925