Legal Opinion

Herald Square Realty Co. v. Saks & Co.

Appellate Division of the Supreme Court of the State of New York

Decided July 10, 1913PublishedCited by 2 opinions

Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure.

1Opinion of the Court

Laughlin, J.:

The plaintiff is the owner of premises abutting on the east on Broadway and Sixth avenue between Thirty-third and Thirty-fourth streets, in the borough of Manhattan, New York, and of the building thereon; and defendant is in possession thereof under a lease conducting a dry goods department store business. The submission of the case is for the purpose of obtaining a judicial decision as to whether the landlord or the tenant must bear the expenses, aggregating $7,843, incurred by the former in complying with certain resolutions of the board of estimate and apportionment, and with…

2Cases cited5 opinions

  1. City of New York v. United States Trust Co.Appellate Division of the Supreme Court of the State of New York · 1906
  2. Markham v. David Stevenson Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1905
  3. Bushwick Realty Co. v. Sanitary Fire Proofing & Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1908
  4. Victor A. Harder Realty & Construction Co v. Sam Ping LeeAppellate Terms of the Supreme Court of New York · 1911
  5. Markham v. . David Stevenson Brewing CompanyNew York Court of Appeals · 1907

3Cited by2 opinions

  1. Morrissy v. Rhinelander Real Estate Co.Appellate Division of the Supreme Court of the State of New York · 1913
  2. Brokaw v. SherryAppellate Division of the Supreme Court of the State of New York · 1914

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