Pocher v. Hall
Appellate Terms of the Supreme Court of New York
Appeal by the defendants from a judgment of the Municipal Court of the city of New York, seventh district, rendered in favor of the plaintiff. Action for rent.
1Opinion of the CourtBischoff, J.
The plaintiffs recovery, upon the theory that the agreement between the parties was a lease and not a mere license, is, in our opinion, to be upheld.
This agreement gave to the defendants, the use of the roof of the premises for advertising, a restricted purpose, but one which none the less involved the defendants’ possession of and dominion over a substantial part of the realty. The transaction comprised the construction and maintenance of the defendants’ own structure for signs, not the mere placing of signs upon a wall, as in the case of Goldman v. New York Adv. Co., 29 Misc. Rep. 133, nor…
2Cases cited3 opinions
- Reynolds v. . Van BeurenNew York Court of Appeals · 1898
- O. J. Gude Co. v. FarleyAppellate Terms of the Supreme Court of New York · 1899
- Goldman v. New York Advertising Co.Appellate Terms of the Supreme Court of New York · 1899
3Cited by3 opinions
- Van Beuren & New York Bill Post Co. v. KenneyNew York Supreme Court · 1908
- Goldsmith v. Outdoor Advertising Co.New York Supreme Court · 1933
- Gitzelter v. GrossmanAppellate Terms of the Supreme Court of New York · 1921