Czermak v. Wetzel
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Charles A. Wetzel and another, from go much of a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Westchester on the 7tli day of June, 1904, upon the decision of the court rendered after a trial at the Westchester Special Term, as directs the execution by the defendants of a lease for a period longer than five years, and prohibits a covenant therein against subletting. ■
1Opinion of the Court
Gaynor, J.:
The controlling fact is not disputed; it is proved by the plaintiffs as well as by the defendants, and contradicted by no witness.
In November, 1902, the representatives of the plaintiffs made an *817oral arrangement with one of the defendants for the leasing of lodge rooms in a building which the defendants were starting to construct, to the lodge of the Knights of Pythias of which the plaintiffs are the trustees. The complaint says such oral agreement was for a lease for 10 years from February 1st, 1903, with unlimited right to assign and sublet. The answer says it was for 5 years,…
2Cited by2 opinions
- Schirmer v. RehillNew York Supreme Court · 1908
- Czermak v. WetzelNew York Supreme Court · 1907