Dolman v. United States Trust Co.

Cox, J. (dissenting).

Plaintiff instituted this action against defendant executor to recover damages for breach of a covenant of quiet enjoyment contained in a lease for a term of five years beginning May 1, 1952, which had been granted to plaintiff by defendant as executor of the estate of Eugene Higgins. Higgins died on July 28, 1948. Before his death he had owned parcels of land at and near 96th Street and Riverside Drive in the borough of Manhattan. Part of his holdings had been taken in condemnation by the City of New York as a site for the erection of a public school building, all of…