Broadway & Seventh-Avenue Railroad v. Metzger
New York Court of Common Pleas
Appeal from third district court. Summary proceedings by the Broadway & Seventh-Avenue Railroad Company against Lewis Metzger and one Schiff. Judgment was entered on a verdict fur defendants, and plaintiff appeals.
1Opinion of the CourtBischoff, J.
The lease, dated November 4,1889, was made by McCreery, as lessor, and respondents, as lessees, and demised the premises for one year, from February 1, 1890, to February 1, 1891, and contained the following provision: “And the said tenants have the privilege of remaining for one year more, viz., from February 1, 1891, to February 1, 1892, provided the owner does not desire possession of the premises for building purposes.” When the lease was entered into, Mr. McCreery was the owner of the premises therein described, and it does not appear that at that time the lessees were aware of any…
2Cases cited11 opinions
- Hoffman v. Ætna Fire InsuranceNew York Court of Appeals · 1865
- Dwight v. . Germania Life Ins. Co.New York Court of Appeals · 1886
- White v. . HoytNew York Court of Appeals · 1878
- Bodine v. . Exchange Fire Ins. Co.New York Court of Appeals · 1872
- Leslie v. . Knickerbocker Life Ins. Co.New York Court of Appeals · 1875
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3Cited by4 opinions
- Fleming v. RyanNew York Court of Common Pleas · 1894
- Nicolopole v. LoveCourt of Appeals for the D.C. Circuit · 1912
- Tansel v. StormSupreme Court of Oklahoma · 1913
- Mensing v. BirnoaumNew York Court of Common Pleas · 1893