Neiderstein v. Cusick
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Mary B. Cusick, individually and as executrix, etc., from a judgment of th.3 Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 22d day of April, 1907, upon the decision of the court rendered after a trial at the Kings County Special Term.
1Opinion of the Court
Jenks, J.:
The lease to the plaintiff from the defendant contained a covenant for a renewal of a term to begin immediately after April 1,
1903. The tenant sued for a specific perfoi’mance of that covenant. The defendant’s demurrer which challenged any cause of action was sustained at Special Term and in this court (83 App. Div. 36), but was reversed in the Court of Appeals. (Neiderstein v. Cusick, 178 N. Y. 543.) The defendant answered and now appeals from the judgment for the plaintiff rendered upon trial. The Special Term found that specific performance was impossible, in that the city of Hew…
2Cases cited4 opinions
- Trull v. . GrangerNew York Court of Appeals · 1853
- Appleton v. . MarxNew York Court of Appeals · 1908
- Niederstein v. CusickAppellate Division of the Supreme Court of the State of New York · 1903
- Neiderstein v. . CusickNew York Court of Appeals · 1904
3Cited by3 opinions
- Hercey v. Board of Chosen FreeholdersNew Jersey Court of Chancery · 1926
- In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1951
- Gelman v. Joseph P. Day, Inc.Appellate Division of the Supreme Court of the State of New York · 1930