Giles v. . Austin
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. (¡Reported below, 6 J. & S., 215.) This action was brought by plaintiff to be relieved from a forfeiture under a lease, incurred by his failure to pay taxes and assessments.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. (¡Reported below, 6 J. & S., 215.) This action was brought by plaintiff to be relieved from a forfeiture under a lease, incurred by his failure to pay taxes and assessments. The facts, as found by the court, are substantially as follows: In April, 1859, defendant executed to plaintiff a lease of certain premises in the city of New York for a term of twenty-one years, commencing May first thereafter, at…
1Opinion of the CourtRapallo, J.
RTo question can be made but that the terms imposed upon the plaintiff, as the condition of relieving him from the forfeiture which he had incurred, were as favorable to the landlord as he could reasonably demand, and fully indemnified him for the delay in the payment of the taxes and assessments, as well as the rent. The only points arising on this appeal which require consideration are: first, whether the relief sought by the plaintiff could be obtained in this action, or should have been sought by answer in the ejectment suit; and, secondly, upon the merits, whether the default of the…
2Cases cited1 opinion
- Garner v. HannahThe Superior Court of New York City · 1857
3Cited by35 opinions
- J. N. A. Realty Corp. v. Cross Bay Chelsea, Inc.New York Court of Appeals · 1977
- Fifty States Management Corp. v. Pioneer Auto Parks, Inc.New York Court of Appeals · 1979
- Noyes v. . AndersonNew York Court of Appeals · 1891
- Hirsch v. Lindor Realty Corp.New York Court of Appeals · 1984
- Kann v. KingSupreme Court of the United States · 1907
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