Holloway v. Schmidt

Appellate Terms of the Supreme Court of New York

Holloway v. Schmidt

33 Misc. 747, 67 N.Y.S. 169

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 15, 1900

StatusPublished

Cited by12 cases

This text of 33 Misc. 747 (Holloway v. Schmidt) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Holloway v. Schmidt, 33 Misc. 747, 67 N.Y.S. 169 (N.Y. Ct. App. 1900).

Pincite

Opinion

Per Curiam.

The words “ first privilege of a renewal ”, as used in the lease, meant the prior right to a lease of five years upon terms the same as those in the lease of 1895, provided the landlord should give a lease.

This construction seems reasonable, particularly in view of the evidence of Mrs. Schmidt that when the lease was first made and her husband came down, Mr. Peering said “we don’t give no ten years ”.

The order is reversed, with costs. An order of dispossession will be granted.

Present: Tbuax, P. J., Scott and Dugbo, JJ.

Order reversed, with costs. Order of dispossession granted.

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