Deutsch v. Robert Hoe Estate Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Alexander Deutsch, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 16th day of November, 1915, dismissing the complaint upon the decision of the court after a trial before the court, a jury having been waived.
1Dissent
Scott, J. (dissenting):
I am unable to concur in the affirmance of this judgment. The case, as it seems to me, is not to be distinguished in principle from Herald Square Realty Co. v. Saks & Co. (215 N. Y. 427). In this case, as in that, the work required to be done by the tenant, and for which he seeks reimbursement from the landlord, involves the “making an important and permanent structural change in the building ” under lease. Such a burden, says the Court of Appeals (at p. 432), “is one that of course falls upon the owner, and if it is to be shifted to the tenant the warrant for the…
2Cases cited5 opinions
- Herald Square Realty Co. v. . Saks Co.New York Court of Appeals · 1915
- City of New York v. United States Trust Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Brokaw v. . SherryNew York Court of Appeals · 1915
- Brokaw v. SherryAppellate Division of the Supreme Court of the State of New York · 1914
- Morrissy v. Rhinelander Real Estate Co.Appellate Division of the Supreme Court of the State of New York · 1913