Herald Square Realty Co. v. . Saks Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 23, 1913, in favor of plaintiff upon the submission of a controversy under section 1279 of the Code of Civil Procedure. The nature of the controversy and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 23, 1913, in favor of plaintiff upon the submission of a controversy under section 1279 of the Code of Civil Procedure. The nature of the controversy and the facts, so far as material, are stated in the opinion. The removal of any portion of the structure was never contemplated by the parties, nor provided for in the lease or otherwise.' (City of New York v. U. S. Steel Co., 116 App. Div. 349.) It was the clear intention of the parties to this lease to impose upon the tenant an…
1Opinion of the CourtWerner, J.
In 1912, the board of estimate and apportionment in the city of New York decided that the display windows in the ground floor stores of the building on the southwest corner of Broadway and Thirty-fourth street, owned by the plaintiff and occupied by the defendant, were encroachments on these streets, and directed that they be removed. That direction has .been complied with, and now the question to be decided is whether the owner or the tenant shall bear the expense of making the removals. This question was taken to the Appellate Division upon a submitted controversy under section 1279 of the…
2Cases cited3 opinions
- May v. . GillisNew York Court of Appeals · 1901
- Brokaw v. . SherryNew York Court of Appeals · 1915
- Brokaw v. SherryAppellate Division of the Supreme Court of the State of New York · 1914
3Cited by41 opinions
- Kaufman v. Shoe Corp. of AmericaAppellate Court of Illinois · 1960
- Pross v. Excelsior Cleaning & Dyeing Co.City of New York Municipal Court · 1920
- Koenigshofer v. ShumateAppellate Court of Illinois · 1966
- Cohen v. MargoliesAppellate Division of the Supreme Court of the State of New York · 1920
- Holden v. O'BrienAppellate Division of the Supreme Court of the State of New York · 1924
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