Lawrence v. Mycenian Marble Co.
New York Court of Common Pleas
Appeal from trial term. Action by Robert B. Lawrence against the Mycenian Marble Company for rent. From a judgment for defendant, and an order denying his motion for a new trial, plaintiff appeals. Affirmed.
1Opinion of the CourtPryor, J.
The action is for rent, and the defense eviction. The lease, which was of a loft for a term of three years and seven months, excepts from the demise “the hallway, and the hatch and elevator ways, which are for the common use of all tenants;” and contains a covenant for quiet enjoyment. The answer affirms that “the elevator and proper operation thereof constituted an essential and valuable part of that portion of said building so demised to the defendant, and the beneficial enjoyment thereof;” and alleges that “the plaintiff did, for long periods of time, permit said elevator to be and remain…
2Cases cited10 opinions
- Gall v. . GallNew York Court of Appeals · 1889
- Edgerton v. . PageNew York Court of Appeals · 1859
- Tallman v. . MurphyNew York Court of Appeals · 1890
- Dyett v. PendletonCourt for the Trial of Impeachments and Correction of Errors · 1826
- Holmes v. . MoffatNew York Court of Appeals · 1890
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3Cited by5 opinions
- Hayden Co. v. KehoeAppellate Division of the Supreme Court of the State of New York · 1917
- Ryan v. JonesNew York Court of Common Pleas · 1892
- Gale v. HeckmanAppellate Terms of the Supreme Court of New York · 1896
- Read v. LevyAppellate Terms of the Supreme Court of New York · 1917
- Trenkmann v. SchneiderAppellate Terms of the Supreme Court of New York · 1899