Plaza Investment Co. v. Abel

Plaza Investment Company purchased a store and a warehouse building occupied by Peter J. Tomey and Sidney S. Abel, doing business as Abel & Tomey, as tenants, under a written lease with Plaza’s grantor, as landlord.

At the time of conveyance of the property to Plaza the landlord’s interest in the lease was assigned to Plaza. The instrument of assignment did not contain a provision expressing an assumption by Plaza of the landlord’s obligations under the lease.

The lease required the landlord, after receiving written notice from the tenant, to keep the roof in good order and repair.

Shortly after…