New York Court of Appeals

Frederick W. Wurster, Composing the Firm of Frederick W. Wurster and Company, Respondents v. William W…

June 2, 1903175 N.Y. 256

Summary

The New York Court of Appeals reversed the judgment ordering specific performance of a lease renewal, holding that evidence of the defendant's incompetency was material and should have been admitted, and that the appraisal provision in the lease was not an arbitration under the Code of Civil Procedure. The court affirmed its power to enforce the lease while protecting the incompetent party's interests.