Legal Opinion
New York Business Buildings Corp. v. James McCutcheon & Co.
Appellate Division of the Supreme Court of the State of New York
Decided June 23, 1930PublishedCited by 8 opinions
1Opinion of the CourtO’Malley, J.
Plaintiff is the owner of a ground lease of premises' 341-347 Fifth avenue, which, by its terms, expired April 30, 1927. It contained a privilege of renewal for twenty-one years, which has been exercised by the plaintiff.
Plaintiff’s predecessors in title had leased the store and basement of the building to the defendant McCutcheon by a lease which granted to it the privilege of renewal provided the plaintiff itself renewed its own ground lease.
The original lease to McCutcheon contained a covenant against assignments, but by subsequent agreement it was provided that the lessee should have the…
2Cases cited2 opinions
- Gillette Bros. v. Aristocrat Restaurant, Inc.New York Court of Appeals · 1924
- Jones & Brindisi, Inc. v. BreslawNew York Court of Appeals · 1928
3Cited by8 opinions
- Erickson v. BootheCalifornia Court of Appeal · 1947
- Gulf Oil Corp. v. Buram Realty Co.New York Court of Appeals · 1962
- Kaskel v. HollanderCourt of Appeals for the First Circuit · 1933
- Matter of Harvey Holding Corp. (Satter)New York Court of Appeals · 1947
- I. B. Realty Corp. v. Holland Furnace Co.Orange County Court · 1962
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