Legal Opinion
Garrity v. Propper
Appellate Division of the Supreme Court of the State of New York
Decided June 6, 1924PublishedCited by 8 opinions
1Opinion of the Court
Finch, J.:
Plaintiff is the lessee of the upper floor of premises owned by the defendant. She sues to recover damages alleged to have been sustained because of defendant’s "negligence in failing to repair the roof of the building, by reason whereof the floor occupied by plaintiff and used by her as a dancing academy, became partly flooded whenever it rained, or thawed after a snowfall.
There was no covenant in the lease on the part of the landlord to make repairs. In the absence of such a covenant the landlord is not contractually liable. (Doupe v. Genin, 45 N. Y. 119.) This action, however, is…
2Cases cited4 opinions
- Dollard v. . RobertsNew York Court of Appeals · 1891
- Doupe v. . GeninNew York Court of Appeals · 1871
- Drescher Rothberg Co. v. LandekerAppellate Terms of the Supreme Court of New York · 1913
- Benyakar v. ScherzAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by8 opinions
- Kuzmiak v. BrookchesterNew Jersey Superior Court Appellate Division · 1955
- Potter v. New York, Ontario & Western Railway Co.Appellate Division of the Supreme Court of the State of New York · 1931
- Freddi-Gail, Inc. v. Royal Holding Corp.New Jersey Superior Court Appellate Division · 1955
- Botwin v. Rothkopf Realty Co.Appellate Terms of the Supreme Court of New York · 1926
- Polak v. Bush Lumber Co.Appellate Division of the Supreme Court of the State of New York · 1991
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