Fifth Avenue Building Co. v. Kernochan
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Fifth Avenue Building Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 27th day of February, 1917, overruling its demurrer to certain defenses and counterclaims in the amended answer.
1Opinion of the Court
Soott, J.:
The action is for rent for the months of January to November, 1916, inclusive, of a store and basement in plaintiff’s building *20in the city of New York. The lease was made to defendant’s testator and in terms included as a part of the demised premises a vault under the sidewalk in front of the premises. This vault was maintained under a revocable license from the city of New York, the title being in the city. About April, 1914, it became necessary to use the space occupied by this vault for the purpose of building the new subway, whereupon the city by its proper representatives…
2Cases cited6 opinions
- The Mayor, C., of New-York v. . MabieNew York Court of Appeals · 1855
- Kinney v. WattsNew York Supreme Court · 1835
- Tone v. BraceNew York Court of Chancery · 1845
- Times Square Improvement Co. v. Fleischmann Vienna Model Bakery, Inc.Appellate Division of the Supreme Court of the State of New York · 1916
- Hoffman v. . MurrayNew York Court of Appeals · 1916
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