Kennedy v. . City of New York
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 12, 1908, which reversed a judgment in favor of plaintiff entered upon a verdict directed by the court and an order denying a motion for a new trial and directed a dismissal of the complaint. The plaintiff is the owner of certain premises situated in that part of the city of New York formerly known as Long Island City.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 12, 1908, which reversed a judgment in favor of plaintiff entered upon a verdict directed by the court and an order denying a motion for a new trial and directed a dismissal of the complaint. The plaintiff is the owner of certain premises situated in that part of the city of New York formerly known as Long Island City. These premises had been leased to the latter city by one of the plaintiff’s predecessors in title for a term of five years from January 1st, 1891. The lease was…
1Opinion of the CourtWerner, J.
The question to be decided is whether the defendant’s liability for the rent of the years 1898 and 1899 arose out of a single contract or out of two distinct contracts, and that depends upon the underlying question whether a holding over from year to year, after the expiration of a definite term, is merely an extension or enlargement of the original term, or whether such a holding over constitutes a new term for each year that it continues.
In this jurisdiction it is the rule, settled by long acquiescence, that where several sums or installments are due upon a single contract, they must all be…
2Cases cited9 opinions
- Secor v. . SturgisNew York Court of Appeals · 1858
- Schuyler v. . SmithNew York Court of Appeals · 1873
- Perry v. . DickersonNew York Court of Appeals · 1881
- Haynes v. . AldrichNew York Court of Appeals · 1892
- Herter v. . MullenNew York Court of Appeals · 1899
4 more not listed; retrieve them via the Exa API.
3Cited by79 opinions
- City of New York v. Pennsylvania RailroadNew York Court of Appeals · 1975
- Jones v. Morris Plan BankSupreme Court of Virginia · 1937
- Cook v. . ConnersNew York Court of Appeals · 1915
- United States v. Bedford AssociatesDistrict Court, S.D. New York · 1980
- Spiritwood Grain Co. v. Northern Pac. Ry. Co.Court of Appeals for the Eighth Circuit · 1950
74 more not listed; retrieve them via the Exa API.