Legal Opinion

Berger Properties, Inc. v. Kay Jewelry Co.

New York Supreme Court

Decided April 10, 1933PublishedCited by 2 opinions

1Opinion of the Court

Charles B. Wheeler,

Official Referee. The plaintiff in this action seeks to restrain the defendant, its tenant and occupant of a store and basement known as No. 568 Main street, Buffalo, N. Y., from interfering with and impeding the use of a part of the heating equipment in the leased premises and a right of way for the conveyance of fuel to boilers designed and used to heat the entire building. The lease is dated April 2, 1924, and is for the term of fifteen years, to commence May 1, 1924. The lease states the premises is to be used as a jewelry store.

The store leased comprises a part of a…

2Cases cited4 opinions

  1. Utica City National Bank v. GunnNew York Court of Appeals · 1918
  2. Becker v. Peter A. Frasse & Co.New York Court of Appeals · 1930
  3. Brokaw v. LageAppellate Division of the Supreme Court of the State of New York · 1922
  4. New York Lubricating Oil Co. v. C. E. Mills Oil Co.Appellate Division of the Supreme Court of the State of New York · 1916

3Cited by2 opinions

  1. Mendel v. PinkardCourt of Appeals of Georgia · 1963
  2. Mendel v. PinkardCourt of Appeals of Georgia · 1963

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