Dananberg v. Reinheimer
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the Municipal Court of the city of Hew York, borough of Manhattan, fourth district, in favor of The defendant.
1Opinion of the CourtBeekman, P. J.
The evidence does not warrant any other conclusion than thaf the .plaintiff went into possession of the demised premises as assignee of the term under a written assignment winch hears date February 1, 1898. As such assignee, therefore, it is¿lear that he was liable only for breaches of the covenants contained in the lease which took place after the transfer had been made to him. The trial justice consequently erred in allowing so much of the defendant’s counterclaim as was predicated upon violations of the lease which took place prior to the assignment, and for which, therefore, the…
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