Blank v. La Montagne, Chapman Co.
New York Supreme Court
1Opinion of the CourtLevy, J.
Motion by plaintiffs for judgment on the pleadings pursuant to rule 112 of the Rules of Civil Practice. The action is in equity. The relief sought is unusual and calls upon this court in its sound discretion to exercise its extraordinary equity power and decree specific performance by the defendant of the following clause in a lease: “ And the said landlord doth covenant that the said tenant on paying the said yearly rent and performing the covenants aforesaid, shall and may peaceably and quietly have, hold and enjoy the said demised premises for the term aforesaid,” in effect to enjoin the…
2Cases cited5 opinions
- Stokes v. . StokesNew York Court of Appeals · 1898
- Brass v. . RathboneNew York Court of Appeals · 1897
- Peck v. . IngersollNew York Court of Appeals · 1852
- Bateman v. StrausAppellate Division of the Supreme Court of the State of New York · 1903
- Koenig v. Eagle Waist Co.Appellate Division of the Supreme Court of the State of New York · 1917
3Cited by5 opinions
- Buchman v. American Foam Rubber CorporationDistrict Court, S.D. New York · 1965
- American Cities Power & Light Corp. v. WilliamsNew York Supreme Court · 1947
- Eastern Farms Products, Inc. v. Wampsville Dairymen's Corp.New York Supreme Court · 1940
- Robjudi Corp. v. Quality Controlled Products, Ltd.Appellate Division of the Supreme Court of the State of New York · 1985
- Sokolow v. MeyerCity of New York Municipal Court · 1931