Kanter v. New Amsterdam Casualty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, New Amsterdam Casualty Company, 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 28th day of April, 1920, on the decision of the court rendered after a trial at the New York Trial Term, a trial by jury having been waived.
1Opinion of the Court
Laughlin, J.:
It is true, as stated in the opinion of Mr. Justice Merrell, that the interest of the plaintiff in the premises- was not specifically shown on the trial. It appears, however, that on the 7th day of November, 1917, she executed a lease of the premises in writing to The 115th Street Garage Company, Inc., for the term of twenty-one years commencing on the 1st day of January, 1918, at the annual rental of $4,200 payable in equal monthly installments, and that the lease was given on the express condition that the tenant at its own expense should forthwith proceed to make the necessary…
2Cases cited2 opinions
- Appleton v. . MarxNew York Court of Appeals · 1908
- Kidd v. . McCormickNew York Court of Appeals · 1881
3Cited by2 opinions
- Pennsylvania Cement Co. v. Bradley Contracting Co.Court of Appeals for the Second Circuit · 1926
- Stogop Realty Co. v. National Surety Co.Appellate Division of the Supreme Court of the State of New York · 1925