Tunbridge v. Read
New York Court of Appeals
Action to recover rent alleged to be due under a lease from plaintiff to defendants of certain premises in the city of New York. Appeal from a judgment of the general term of the supreme court, affirming a judgment in favor of the plaintiff entered upon a verdict, and an order denying a motion for a new trial.
1Opinion of the CourtPeckham, J.
The plaintiff, the lessor, covenanted, in the lease to lease a passageway or thoroughfare seven feet wide from the Beaver street entrance, to be used in common as an entrance to and from the building, and to be lighted by the lessor at his own expense. He was also to build two water closets and urinals in the rear part of the basement.
The evidence is substantially uncontradicted that no such thoroughfare or passageway was made. New street and Beaver street ran at right angles to each other, and the plaintiff built the passageway from Beaver street to the rear part of the basement where the…
2Cited by1 opinion
- Picker v. FitzelleAppellate Division of the Supreme Court of the State of New York · 1898