Legal Opinion
Rouiaine v. Simpson
Appellate Terms of the Supreme Court of New York
Decided November 18, 1903PublishedCited by 2 opinions
Appeal from Municipal Court, Borough of Manhattan, Tenth District. , Action by Benjamin F. Rouiaine against Isador H. Simpson. From a judgment for defendant, plaintiff appeals. Reversed.
1Opinion of the CourtBlanchard, J.
The plaintiff, the landlord of certain premises leased by him to defendant, after the lease has expired seeks to recover of the defendant certain sums that have been applied to pay for extra insurance premiums, as the result of what is claimed to have been a breach by the defendant of the covenants of the lease. This lease contains the following-clause:
“Fourth. The tenant not * * * to underlet or underlease thé premises, or any part thereof * * * without the landlord’s consent in writing; or occupy or permit or suffer the same to be occupied for any use or purpose deemed * * * extrahazardous…
2Cases cited2 opinions
- Conger v. . DuryeeNew York Court of Appeals · 1882
- Gillian v. NortonThe Superior Court of New York City · 1867
3Cited by2 opinions
- Food Pantry, Ltd. v. Waikiki Business Plaza, Inc.Hawaii Supreme Court · 1978
- Food Pantry, Ltd. v. Waikiki Business Plaza, Inc.Hawaii Supreme Court · 1978