Rosenberg v. Krinick

The opinion of the court was delivered by

Perskie, J.

Is a landlord liable to his tenant, in tort, for failure to carry out his promise to repair the leased premises, when that promise was made subsequent to the letting and was not supported by a new consideration ?

Defendant was the owner of a two-family dwelling house in Few Brunswick, Few Jersey. She rented the lower floor to the plaintiff and occupied the upper floor herself. In the rear of each apartment was a porch completely enclosed by a railing. Although there is some proof that plaintiff occasionally permitted defendant to use her…