Legal Opinion

Obradowitz v. Odell

Appellate Division of the Supreme Court of the State of New York

Decided February 4, 1916Published

Appeal by the defendant, Edward V. Odell, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 2d day of September, 1915, upon a decision of the court after a trial at the New York Special Term, with notice of intention to bring up for review an order entered in said clerk’s office on the 1st day of September, 1915, denying defendant’s motion for leave to submit proposed findings of fact and…

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Appeal by the defendant, Edward V. Odell, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 2d day of September, 1915, upon a decision of the court after a trial at the New York Special Term, with notice of intention to bring up for review an order entered in said clerk’s office on the 1st day of September, 1915, denying defendant’s motion for leave to submit proposed findings of fact and conclusions of law.

1Opinion of the Court

McLaughlin, J.:

The plaintiff leased, for a term of three years from October 1, 1914, a portion of the ground floor of 825 Sixth avenue, in the city of New York, where she does hairdressing and manicuring. The premises are on the westerly side of the avenue, seven and one-half feet in width and have a show window in front. The defendant has leased for several years, from the same landlord, from year to year, in the same building, one of the upper floors — access to which is reached through a short hall to a flight of stairs which are just south of and separated from plaintiff’s premises by a…

2Cases cited2 opinions

  1. Shaw's Jewelry Shop, Inc. v. New York Herald Co.Appellate Division of the Supreme Court of the State of New York · 1915
  2. Elias v. SutherlandNew York Supreme Court · 1886

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