Legal Opinion
Warner Bros. Pictures, Inc. v. Southern Tier Theatre Co.
Appellate Division of the Supreme Court of the State of New York
Decided January 9, 1952PublishedCited by 6 opinions
1Opinion of the CourtBergan, J.
Defendant is the owner of a theatre building in Elmira. In 1925 it leased the real property together with certain personal property usable for theatre purposes. By assignment plaintiff became the tenant.
The lease contained this clause: “ Landlord agrees with reasonable diligence to repair the damage where the premises are rendered untenantable by fire or the elements.”
A new lease was entered into between plaintiff and defendant in 1944 which extended the 1925 tenancy and, except for some modifications, continued the original terms.
The obligation of the defendant as landlord to “ repair the…
2Cases cited3 opinions
- F. F. Proctor Troy Properties Co. v. Dugan Store, Inc.Appellate Division of the Supreme Court of the State of New York · 1920
- Spoor-Lasher Co. v. Newburgh Gas & Oil Co.Appellate Division of the Supreme Court of the State of New York · 1935
- Gardner v. BentleyNew York Supreme Court · 1944
3Cited by6 opinions
- Susskind v. 1136 Tenants Corp.Civil Court of the City of New York · 1964
- Trustees of Sailors' Snug Harbor v. FeinbergAppellate Division of the Supreme Court of the State of New York · 1954
- McKownville Fire District v. Bryn Mawr BookshopAppellate Division of the Supreme Court of the State of New York · 1976
- Enn-Jay Realty Corp. v. Allied Instrument Corp.New York City Court · 1960
- Tobin v. GluckDistrict Court, E.D. New York · 2015
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