Legal Opinion
Bovin v. Galitzka
New York Supreme Court
Decided October 14, 1927PublishedCited by 5 opinions
1Opinion of the CourtCarswell, J.
This is a motion by the plaintiff to strike out the second separate defense in the answer of the defendant Schorr. This defense sets out as part thereof a copy of the lease between the parties, which contains this provision with respect to the property leased, “ to be used and occupied — real estate office.” The *480validity of this defense rests upon the determination of the claims made by the plaintiff that the foregoing language prohibits the use of the premises for any purpose other than that of a real estate office, and particularly precludes its use for a grocery and dairy.
Plaintiff relies…
2Cases cited3 opinions
- Kerley v. MayerNew York Court of Common Pleas · 1895
- Kaiser v. ZeiglerAppellate Terms of the Supreme Court of New York · 1921
- Weil v. AbrahamsAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by5 opinions
- Land Reclamation, Inc. v. Riverside CorporationOregon Supreme Court · 1972
- Carden Hall, Inc. v. GeorgeNew York Supreme Court · 1968
- General Teleradio, Inc. v. Mount Washington Summit House, Inc.District Court, D. New Hampshire · 1953
- Bovin v. GalitzkaAppellate Division of the Supreme Court of the State of New York · 1928
- Bovin v. GalitzkaNew York Supreme Court · 1927