Baitzel v. Rhinelander
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Thomas J. Oakley Rhinelander and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 7th day of December, 1916, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 29th day of November, 1916, denying defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Dowling, J.:
The plaintiff has recovered a judgment in the sum of $4,270 for the damages claimed to have been sustained by her as the result of her constructive eviction from premises leased by her from the defendants. On July 29, 1913, plaintiff hired from the defendants under an instrument in writing the most easterly store in the building No. 66 West Thirty-eighth street, borough of Manhattan, city of New York, and the one-story building with the basement thereunder in the rear of Nos. 66-68 West Thirty-eighth street, to be used and . occupied by her as a restaurant, lunch room and tea room…
2Cases cited7 opinions
- Witty v. . MatthewsNew York Court of Appeals · 1873
- Thomson-Houston Electric Co. v. Durant Land Improvement Co.New York Court of Appeals · 1894
- Richmond v. LeeAppellate Division of the Supreme Court of the State of New York · 1908
- Meyer v. SchulteAppellate Division of the Supreme Court of the State of New York · 1913
- Jacob v. ThompsonAppellate Division of the Supreme Court of the State of New York · 1902
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3Cited by14 opinions
- Dave Herstein Co. v. Columbia Pictures Corp.New York Court of Appeals · 1958
- Emigrant Industrial Savings Bank v. One Hundred Eight West Forty Ninth Street Corp.Appellate Division of the Supreme Court of the State of New York · 1938
- Dance Magic, Inc. v. Pike Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Trans Pacific Leasing Corp. v. Aero Micronesia, Inc.District Court, S.D. New York · 1998
- Refrigeration for Science, Inc. v. Deacon Realty Corp.New York Supreme Court · 1972
9 more not listed; retrieve them via the Exa API.