Niederstein v. Cusick — 195 N.Y. 594

Majority

p. 594

John Niederstein, Jr., Respondent, v. Mary B. Cusick, Individually and as Executrix of Martin Cusick, Deceased, Appellant.

Headnote

Neiderstein v. Ousich, 126 App. Div. 409 , affirmed. -

(Argued May 13, 1909;

decided June 1, 1909.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered

p. 595

May 29, 1908, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action to compel specific performance of a covenant to renew a lease.

William E. O. Mayer for appellant.

Alfred J. Gilchrist and Jacob Neu for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Edward T. Bartlett, Haight, Werner, Willard Bartlett, Hiscook and Chase. JJ. Absent: Cullen, Oh. J.