Eugene C. Lewis Co. v. Metropolitan Realty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Metropolitan .Realty Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Suffolk on the 11th- day of March, 1905, upon the verdict of a jury for $1,138.25, and also from an order entered in said clerk’s office On the. 14th day of March, 1905, denying the defendant’s motion for a" nejv trial made upon the minutes. ■ Action for damages to chattels by negligence.
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Appeal by the defendant, the Metropolitan .Realty Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Suffolk on the 11th- day of March, 1905, upon the verdict of a jury for $1,138.25, and also from an order entered in said clerk’s office On the. 14th day of March, 1905, denying the defendant’s motion for a" nejv trial made upon the minutes. ■ Action for damages to chattels by negligence. The plaintiff was tenant of one floor of a building of the defendant. The defendant supplied water to the whole building by means of…
1Opinion of the Court
Gaynor, J.:
It is claimed that the exemption clause in the léase for damage by leakage prevents a recovéry for the damage to the plaintiff’s assignors as well as for the damage- to the 'plaintiff; It is enough to say *387that such exemption clause did not in terms exempt the defendant for liability to the plaintiff for acts of negligence by it, and no such exemption can be implied. The recovery here is for the affirmative act of negligence in putting on the manhole cover defectively (Levin v. Habicht, 45 Misc. Rep. 381; Rathbone v. N. Y. C. & H. R. R. R. Co., 140 N. Y. 48).
The fact that the tank…
2Cases cited2 opinions
- Rathbone v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1893
- Levin v. HabichtAppellate Terms of the Supreme Court of New York · 1904
3Cited by9 opinions
- Kuzmiak v. BrookchesterNew Jersey Superior Court Appellate Division · 1955
- Meyer Jewelry Co. v. Professional Building Co.Missouri Court of Appeals · 1957
- Freddi-Gail, Inc. v. Royal Holding Corp.New Jersey Superior Court Appellate Division · 1955
- Kessler v. AnsoniaAppellate Division of the Supreme Court of the State of New York · 1927
- Gordon & Cohen, Inc. v. RoseAppellate Division of the Supreme Court of the State of New York · 1924
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