Durant Land Improvement Co. v. East River Electric Light Co.
New York Court of Common Pleas
Appeal from Eighth district court. Summary proceedings by the Durant Land Improvement Company against the East River Electric Light Company, to obtain possession of certain premises leased by plaintiff to defendant.
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Appeal from Eighth district court. Summary proceedings by the Durant Land Improvement Company against the East River Electric Light Company, to obtain possession of certain premises leased by plaintiff to defendant. An agreement for a lease was made in 1887, under which defendant was entitled to take possession of a portion of the premises in question, all of which were to be put in repair by plaintiff, and the lease to commence May 1, 1888, and continue 33 years, with two renewals of 33 years. Defendant took possession accordingly, and since May 1, 1888, plaintiff commenced repairs necessary…
1Per curiam
A counter-claim cannot be pleaded in summary proceedings, nor can a tenant plead as a defense the failure of the landlord to perform a covenant to alter, enlarge, rebuild, or repair the demised premises. Chief J ustice Mo Adam has collated, in the second edition of his work on Landlord and Tenant, (page 644,) some of the authorities on the subject. The only answer that the tenant can make is a general denial, or a denial of some specific allegation of the petition. In his note, on page 642 of the second edition of his work, Chief Justice Mo Ad am falls into the error of saying that payment of…
2Cases cited2 opinions
- Jarvis v. . DriggsNew York Court of Appeals · 1877
- The People Ex Rel. Ainslee v. . HowlettNew York Court of Appeals · 1879
3Cited by13 opinions
- DeVita v. PianisaniAppellate Terms of the Supreme Court of New York · 1926
- Bloom v. HuyckNew York Supreme Court · 1893
- Sheldon v. TesteraAppellate Terms of the Supreme Court of New York · 1897
- Montgomery v. BlocherCourt of Appeals of Kentucky · 1922
- Barnum v. PatrickNew York Court of Common Pleas · 1892
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