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Lovejoy v. Weil

Irving P. Lovejoy v. Charles Weil

Lovejoy v. Weil, 48 Misc. 611 (1905)
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Court
Appellate Terms of the Supreme Court of New York · State Appellate Courts
Decided
July 1, 1905
Judges
Scott
Citations
48 Misc. 611
Summary
Appeal by the defendant from a judgment rendered in favor of the plaintiff in the Municipal Court of the city of New York, eleventh district, borough of Manhattan.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Scott

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Scott, J.

The statute (Laws of 1901, Chap. 128), which the defendant invokes as a defense in this case is a highly penal one and must be strictly construed (Gay v. Seibold, 97 N. Y. 472 ); and, as said in Imperato v. Wasboe, 47 Misc. Rep. 150 , “ without the insertion of any terms which are not essential to its reasonable interpretation.” It is unreasonable to suppose that the Legislature intended the act to apply to leases of real property. It is true that section 240 of the Real Property Law contains a definition of what is included in the term “ real property ” which would embrace a lease similar to the one procured by the plaintiff; but such definition is limited to the term “real property as used in this article ” and the article referred to (Article VIII) has reference to the recording of instruments affecting *612 real property only, and the statute referred to (Chap. 128, supra) cannot, by reason of anything contained in that section, be construed as having reference to leases of property lor a term exceeding three years.

Bisohoff and Fitzgerald, JJ., concur.

Judgment affirmed, with costs.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1911: 119112026peak 1911 · 1

Relies on it most ⓘ

  1. Black v. New York Life Insurance70 Misc. 532 (1911)

Most recent

  1. Black v. New York Life Insurance70 Misc. 532 (1911)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Gay v. Seibold, 97 N.Y. 472 (1884) 46
Imperato v. Wasboe, 47 Misc. 150 (1905) 6

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