Friedland v. Vogel
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of the Bronx, Second District. Action by Koppel Friedland against David Vogel. From a judgment for plaintiff, defendant appeals. Modified and affirmed. H. Schieffelin Sayers, for appellant. Abr. A. Silberberg, for respondent.
1Per curiam
Irrespective of the question) of constructive eviction, the clause in the lease relied upon by the defendant constitutes under the authorities a conditional limitation. Kelly v. Varnes, 52 App. Div. 103, 64 N. Y. Supp. 1040 ; Estelle v. Dinsbeer, 9 Misc. Rep. 488, 30 N. Y. Supp. 243. Plaintiff was entitled to recover the rent for the month of October only, and judgment must be modified accordingly. Judgment modified, by reducing the amount of recovery to the sum of $22.50, and, as modified, affirmed, without costs.
2Cases cited2 opinions
- Kelly v. VarnesAppellate Division of the Supreme Court of the State of New York · 1900
- Estelle v. DinsbeerNew York Court of Common Pleas · 1894