Agate v. . Lowenbein
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of New York, affirming a judgment in favor of defendants^ entered upon an order at circuit dismissing the complaint. This action was brought by plaintiff as lessor, against the defendants as assignees of a lease of premises known as No. 645, and the three upper floors of No. 647 Broadway in the city of New York, to recover damages for alleged injuries thereto.
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Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of New York, affirming a judgment in favor of defendants^ entered upon an order at circuit dismissing the complaint. This action was brought by plaintiff as lessor, against the defendants as assignees of a lease of premises known as No. 645, and the three upper floors of No. 647 Broadway in the city of New York, to recover damages for alleged injuries thereto. The lease was executed by the plaintiff to one Eugene Mendes for ten years from May 1, 1866. The defendants became assignees in the same year.…
1Opinion of the Court
Dwight, C.
Had there been no license given to the defendants to do the acts of which the plaintiff complains, the injuries done to the property would have been, apparently, acts of waste, for which the plaintiff could, by the rules of the common law, have brought an action on the case in the nature of waste. (2 R. S., 384; Taylor on Landlord and Tenant, § 348, and cases.)
The right which the tenant has is to make use of the property. The power of making an alteration does not arise out of a mere right of user; it is, therefore, incompatible with his interest for a tenant to make any alteration,…
2Cases cited7 opinions
- Schieffelin v. CarpenterNew York Supreme Court · 1836
- Winship v. PittsNew York Court of Chancery · 1831
- Town of Hamden v. RiceSupreme Court of Connecticut · 1856
- McGregor v. . BrownNew York Court of Appeals · 1854
- Conger v. Hudson River RailroadThe Superior Court of New York City · 1857
2 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Two Guys v. S.F.R. Realty AssociatesNew York Court of Appeals · 1984
- Bedlow v. New York Floating Dry Dock Co.New York Court of Appeals · 1889
- Mendel v. PinkardCourt of Appeals of Georgia · 1963
- Carrano v. ShoorSupreme Court of Connecticut · 1934
- Robinson v. . KimeNew York Court of Appeals · 1877
46 more not listed; retrieve them via the Exa API.