Legal Opinion

Pratt, Hurst & Co. v. Tailer

Appellate Division of the Supreme Court of the State of New York

Decided December 3, 1909PublishedCited by 8 opinions

Appeal'by the defendants, Edward bT. Tailef, individually, and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the covinty of New York on the 27 th day of April, 1909, upon the verdict of a jury, . and also from an order entered in said clerk’s office on the 26th day of April, 1909, denying the motion of the defendants individually for a new .trial made upon the minutes.

1Opinion of the Court

McLaughlin, J.:

The plaintiff leased from the defendants a portion of a building in the city of New York. The lease' contained a provision that the defendants should keep the roof in repair but should not' be liable “ for any damage caused by leakage of the same, unless they shall *3neglect to make the necessary repairs within a reasonable time after receiving a written notice of such leakage.” During the term of the lease a heavy rain storm occurred and water leaked through the roof and damaged plaintiff’s goods. The action was thereafter brought to recover the damages alleged to have been'…

2Cases cited3 opinions

  1. Boyd v. United States Mortgage & Trust Co.New York Court of Appeals · 1907
  2. O'Rourke v. FeistAppellate Division of the Supreme Court of the State of New York · 1899
  3. Deering v. SchreyerAppellate Division of the Supreme Court of the State of New York · 1903

3Cited by8 opinions

  1. Lipkin v. BurnstineAppellate Court of Illinois · 1958
  2. Cohen v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1913
  3. Murphy v. McMahonAppellate Division of the Supreme Court of the State of New York · 1917
  4. Graber v. BergmanAppellate Terms of the Supreme Court of New York · 1914
  5. In re the Estate of CohenNew York Surrogate's Court · 1941

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