Schwarzler v. McClenahan
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, New York county. Action by August P. Schwarzler against James McClenahan and others, executors of David Stevenson, deceased. From a judgment for plaintiff, and an order denying a motion for new trial, defendants appeal. Transferred from First to Second department.
1Opinion of the CourtHatch, J.
The plaintiff’s assignor held a lease of certain premises situated on Eleventh avenue, in the borough of Manhattan, for *612ithe term of three years from May 1, 1889. By its terms, this lease ■¿expired on April 30, 1892. There was also testimony in the case ■fending to establish that the plaintiff’s assignor was the owner of the ■building upon the property, and the rent reserved in the lease was Sor ground rent. Prior to the expiration of the term, plaintiff’s ¡assignor sublet the premises at a rental of $480 a year, but reserved m© right of re-entry thereunder. After the last lease the title to…
2Cases cited4 opinions
- Stewart v. . Long Island R.R. Co.New York Court of Appeals · 1886
- Manheim v. SeitzAppellate Division of the Supreme Court of the State of New York · 1897
- Vosburgh v. CornAppellate Division of the Supreme Court of the State of New York · 1897
- New York & New Haven Automatic Sprinkler Co. v. AndrewsAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by1 opinion
- Morgenthau v. BeatonAppellate Terms of the Supreme Court of New York · 1904