Real Estate Stores, Inc. v. Harris

This is a suit to determine plaintiff’s rights, as lessee, to make improvements and alterations in and to a building on premises held under a 99-year lease, and to enjoin defendants, as lessors, from interfering with plaintiff’s rights thereunder. On motion, the court dismissed the bill of complaint. Plaintiff appeals.

The lease, executed in 1929, was in form a ground lease, demising specifically described land. On it was situated a two-story brick building housing a number of stores and offices. Plaintiff sublet a portion thereof, the subtenant agreeing to improve and modernize the building…