103 N.Y.S. 115 | N.Y. Sup. Ct. | 1907
On the 11th day of February, 1903, a lease was executed between G. C. St. John, as executor, etc., as landlord, and the city of New York (acting through its street cleaning commissioner) as tenant, of a plot of ground on the north side of One Hundred and Sixteenth street in the borough of Manhattan. This lease was entered into under the authority of section 541 of the Greater New York charter, which authorizes the commissioner of street cleaning to enter into the lease on behalf of the city, with the consent and approval of the commissioners of the sinking fund. The commissioners of the sinking fund, by resolution adopted October 22, 1902, consented to the execution of the lease to the street cleaning commissioner by the estate of William C. Andrews, with a privilege of either party to terminate the lease at the expiration of one year, on sixty days’ notice in writing. The lease in question was to commence on October 1, 1902, and continue until October 1,
The judgment should be affirmed, with costs."
_ Judgment affirmed, with costs.
Gildebsleeve and Davis, JJ., concur.