Sully v. . Schmitt
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, entered upon an order made December 28, 1891, which directed judgment for plaintiff upon a verdict directed at a Trial Term on exceptions ordered to be heard in the first instance at General Term. ' The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, entered upon an order made December 28, 1891, which directed judgment for plaintiff upon a verdict directed at a Trial Term on exceptions ordered to be heard in the first instance at General Term. ' The nature of the action and the facts, so far as material, are stated in the opinion. The exclusion of the evidence that the demised premises became untenantable and dangerous for occupancy by reason of the use made by the plaintiff of the open sewer was improper, and the exception was well taken. (Dyett v.…
1Opinion of the CourtGray, J.
This was an action to recover rent due to the plaintiff by the terms of a written lease made between her and the defendant, and the defense was that the premises were untenantable and dangerous to life and health and that defendant had abandoned them and had surrendered the same to the plaintiff.
After the plaintiff had proved the making of the lease and an occupation and a payment of the stipulated rent for two years of the term by the defendant, the latter undertook to prove that, after the execution of the lease and after he went into possession, he discovered the presence of an open sewer…
2Cases cited1 opinion
- Edgerton v. . PageNew York Court of Appeals · 1859
3Cited by32 opinions
- Barash v. PA. TERM. REAL ESTATE CORP.New York Court of Appeals · 1970
- In re Mullings Clothing Co.Court of Appeals for the Second Circuit · 1916
- Dave Herstein Co. v. Columbia Pictures Corp.New York Court of Appeals · 1958
- Meserole v. . HoytNew York Court of Appeals · 1899
- Barash v. Pennsylvania Terminal Real Estate Corp.New York Court of Appeals · 1970
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