Church E. Gates & Co. v. National Fair & Exposition Ass'n
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, National Fair and Exposition Association and others, from a judgment of the Supreme Court in favor of the plaintiff and certain of the defendants, entered in the office of the clerk of the county of Westchester on the Ithday of October, 1914, upon the decision of the court after a trial at the Westchester Special Term.
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Appeal by the defendants, National Fair and Exposition Association and others, from a judgment of the Supreme Court in favor of the plaintiff and certain of the defendants, entered in the office of the clerk of the county of Westchester on the Ithday of October, 1914, upon the decision of the court after a trial at the Westchester Special Term. The action was brought to foreclose a mechanic’s hen filed against certain, real property owned by the defendant, appellant, Empire City Racing Association, and for the sale of the respective interests in such property of the said owner and of its…
1Opinion of the Court
Putnam, J.:
The National Fair and Exposition Association (called herein the “tenant”) by instrument dated December 28,1912, obtained a tentative option for a lease from the Empire City Racing Association (called herein the “owner”) of the Empire City Park in Yonkers for five years, from January 1,1913, with the further right of a five years’ renewal. The tenant closed this *584tentative option on February 28, 1913, by a formal confirmation. Soon afterward the tenant went into possession and so continued until the following September, when it was adjudged bankrupt and its possession passed to the…
2Cases cited11 opinions
- Metcalf v. BarkerSupreme Court of the United States · 1902
- National Wall Paper Co. v. . SireNew York Court of Appeals · 1900
- Schoenherr v. . Van MeterNew York Court of Appeals · 1915
- Tinsley v. SmithAppellate Division of the Supreme Court of the State of New York · 1906
- Bachmann v. SpinghelAppellate Division of the Supreme Court of the State of New York · 1914
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- Lincoln National Bank v. John Peirce Co.New York Supreme Court · 1917