Stahl Jaeger v. . Satenstein
New York Court of Appeals
Appeal from a judgment, entered December 23, 1920, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and directing a dismissal of the complaint.
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Appeal from a judgment, entered December 23, 1920, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and directing a dismissal of the complaint. The outer walls of the premises occupied by the plaintiff were not reserved to the landlord under the lease of May 14, 1915, and were, therefore, included in the premises let to plaintiff. (Baldwin v. Morgan, 43 Hun, 355; City of New York v. I. R. T. Co., 125 App. Div. 437; 194 N. Y. 528; Snyder v.…
1Opinion of the CourtCardozo, J.
The plaintiff is the tenant of “ the entire 13th loft or 14th floor ” in the building Nos. 406 to 426 West Thirty-first street, in the city of New York. The defendant Satenstein, trading as the American Book Bindery, is the tenant of lower floors in the same building. In May, 1919, with the approval of his landlord, he painted large signs on the easterly and westerly walls of the thirteenth and fourteenth floors. The plaintiff complains of these signs as an infringement of its rights. The suit is brought for their removal.
A lease of an “ entire floor ” must carry with it the appurtenant right…
2Cases cited3 opinions
- Lowell v. StrahanMassachusetts Supreme Judicial Court · 1887
- Forbes v. GormanMichigan Supreme Court · 1909
- Snyder v. KuleshSupreme Court of Iowa · 1913
3Cited by13 opinions
- Lyon v. Bethlehem Engineering Corp.New York Court of Appeals · 1930
- 265 Tremont Street, Inc. v. HamilburgMassachusetts Supreme Judicial Court · 1947
- Zolezzi v. Bruce-BrownNew York Court of Appeals · 1926
- Smith v. JensenSupreme Court of Georgia · 1923
- Needle v. ScheinbergCourt of Appeals of Maryland · 1946
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