Kalman v. Cox
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment rendered in favor of the defendant in the Municipal Court of the city of New York, ninth district, borough of Manhattan.
1Opinion of the CourtScott, J.
The learned justice fell into error in saying that the defendant in this action under the lease held by him from Purdy was under the same covenant which was contained in defendant’s lease to plaintiff. The covenants were not identical in language, and, in my opinion, were not identical in effect. The covenant in Purdy’s lease to defendant was that defendant would “ properly and fully comply with all the orders, rules and regulations of the board of health and other municipal departments as may be issued or apply to said premises.” This covenant was without limitation in terms and may be broad…
2Cases cited1 opinion
- Wakefield v. . FargoNew York Court of Appeals · 1882
3Cited by3 opinions
- Jacobs v. McGuireAppellate Terms of the Supreme Court of New York · 1912
- Cohen v. MargoliesCity of New York Municipal Court · 1919
- Blauner v. SiegelAppellate Terms of the Supreme Court of New York · 1914