Hirsch v. . Radt
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 6, 1917, afiirming a judgment in favor of plaintiffs entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. Assuming the roof to have beeñ of such radically defective construction as not to keep out the rain, it did not constitute as between the plaintiffs lessees and the defendant lessor a nuisance.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 6, 1917, afiirming a judgment in favor of plaintiffs entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. Assuming the roof to have beeñ of such radically defective construction as not to keep out the rain, it did not constitute as between the plaintiffs lessees and the defendant lessor a nuisance. (Boyd v. Councilmen, 117 Ky. 199; Melker v. City of New York, 190 N. Y. 481; People v. Lee, 107 Cal. 497; Joyce on…
1Opinion of the CourtMcLaughlin, J.
On July 1, 1912, the parties entered into a written lease, by which the plaintiffs leased from the defendant for a stated rent the sixth loft of a seven-story building in the city of New York for a term of one year, five and a half months from the 15th of August, 1912. The lease provided, among other things, that the lessor should not be liable to the lessees for any damages caused by the leakage of the roof, vault, lights or skylights, unless the lessor neglected to repair the same within a reasonable time after written notice thereof. On the 1st of October, 1913, a very heavy rain storm…
2Cases cited8 opinions
- Jaffe v. . HarteauNew York Court of Appeals · 1874
- Edwards v. . N.Y. H.R.R. Co.New York Court of Appeals · 1885
- Junkermann v. . Tilyou Realty Co.New York Court of Appeals · 1915
- Dollard v. . RobertsNew York Court of Appeals · 1891
- Timlin v. Standard Oil Co.New York Court of Appeals · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Kilmer v. WhiteNew York Court of Appeals · 1930
- De Clara v. Barber Steamship Lines, Inc.New York Court of Appeals · 1956
- Johnson v. Prange-Geussenhainer Co.Wisconsin Supreme Court · 1942
- Antonsen v. Bay Ridge Savings BankNew York Court of Appeals · 1944
- Wynn v. T.R.I.P. Redevelopment AssociatesAppellate Division of the Supreme Court of the State of New York · 2002
19 more not listed; retrieve them via the Exa API.