Pratt, Hurst & Co. v. Tailer
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Pratt, Hurst & Company, Limit'ed, from so 'much of a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 19th day of March, 1906, upon the decision of the court, rendered after a trial at the New York Special Term, as sustains the defendants’ demurrer to the second cause of action, overrules the plaintiff’s demurrer to the second separate defense, and dismisses the complaint…
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Appeal by the plaintiff, Pratt, Hurst & Company, Limit'ed, from so 'much of a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 19th day of March, 1906, upon the decision of the court, rendered after a trial at the New York Special Term, as sustains the defendants’ demurrer to the second cause of action, overrules the plaintiff’s demurrer to the second separate defense, and dismisses the complaint herein.
1Opinion of the Court
Houghton, J.:
The plaintiff is a tenant of defendants, and brings this action to " recover damage to its stock of goods caused by leakage of the roof of the building occupied by it.
*575The lease contained a provision that the defendants should keep the roof in repair, but that they should not be liable to pay “ for any damage caused by leakage of the same, unless they shall neglect to make the necessary repairs within a reasonable time after receiving a written notice of such leakage ” from the plaintiff.
The complaint set forth two separate causes of action for the same recovery. The first cause…
2Cases cited2 opinions
- Mynard v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1877
- O'Rourke v. FeistAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by4 opinions
- Levy v. RooseveltAppellate Division of the Supreme Court of the State of New York · 1909
- Kessler v. AnsoniaAppellate Division of the Supreme Court of the State of New York · 1927
- Gutman v. FolsomAppellate Terms of the Supreme Court of New York · 1908
- Samuel v. Princeton Const. Co.City of New York Municipal Court · 1916