269 A.D. 909 | N.Y. App. Div. | 1945
On December 7, 1927, plaintiffs leased to the defendant a three-story and basement building and garage in the Village of Hempstead, together with a right of way 8 feet wide and 170 feet in depth, contiguous with the southerly wall of the building. The lease was for a term of. twenty-one'years commencing February 1, 1928, and expiring January 31, 1949. The stipulated yearly rental was $20,000 up to February 1, 1942, and $22,000 thereafter. On December 24, 1940, the Village instituted a proceeding to acquire the fee of the eight foot right of way, and title vested in the Village' on June 30, 1941. The landlords were awarded $17,244.33, including' interest, for the fee, and an assessment for benefit in the amount of $8,946.81 was levied against the premises. This action was instituted by the landlord to recover the latter amount under the tenant’s covenant to pay all assessments. Defendant, in a