Hart v. City Theaters Co.
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by Edward Hart against the City Theaters Company. Erom an interlocutory judgment of the City Court of the City of New York, overruling plaintiff’s demurrer to defenses in the answer, plaintiff appeals.
1Opinion of the Court
SEABURY. J.
The defendant is the owner of the City Theater. The plaintiff is the lessee of the adjoining premises on the west and south. The present action is upon an agreement, the purpose of which is to permit the defendant in the use of its theater to cut a door through the plaintiff’s westerly wall and use the stairway of plaintiff’s building as one of the exits from the theater for the use of the audience. For this privilege the defendant agreed to pay $1,200 per annum in monthly installments, and this action is brought to recover installments for six months. The answer of the defendant…
2Cases cited1 opinion
- Burger v. RoelschNew York Supreme Court · 1894
3Cited by1 opinion
- McCullough Realty Co. v. Laemmle Film ServiceSupreme Court of Iowa · 1917