Legal Opinion

Myers v. Hussenbuth

Appellate Terms of the Supreme Court of New York

Decided July 15, 1900PublishedCited by 3 opinions

Appeal from a judgment of the Municipal Court of the city of New York, eleventh district, borough of Manhattan, in favor of the defendant.

1Per curiam

There is an implied covenant in every hiring that the tenant will surrender the premises at the end of the term in as good condition as they were in at the commencement of the term, reasonable wear and tear and damages by the elements excepted. This obligation is not confined to cases of ordinary and gradual decay, but extends to accidental injuries. Hawkins v. Ringler, 47 Hun, 264; Cohn v. Hill, 9 Misc. Rep. 327; Kling v. Dress, 28 N. Y. Super. Ct. 525. It is true that in the cases above cited the lease was in writing and contained an express covenant on the part of the defendant to…

2Cases cited2 opinions

  1. Regan v. LuthyNew York Court of Common Pleas · 1890
  2. Cohn v. HillAlbany City Court · 1894

3Cited by3 opinions

  1. Dehn v. S. Brand Coal & Oil Co.Supreme Court of Minnesota · 1954
  2. Petrelli v. KagelCivil Court of the City of New York · 1962
  3. Rimoldi v. Hudson GuildAppellate Terms of the Supreme Court of New York · 1908

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