New York University v. . American Book Co.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 4, 1909, which affirmed an interlocutory judgment of Special Term overruling a demurrer to the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The tenant consumer in such a case as this is exempted from obligation to pay water rents.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 4, 1909, which affirmed an interlocutory judgment of Special Term overruling a demurrer to the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The tenant consumer in such a case as this is exempted from obligation to pay water rents. (2 Lewis Sutherland on Stat. Const. § 403, note 98; Id. 474, note 78; 26 Am. & Eng. Ency of Law, 713; People ex. rel. Outwater v. Green, 56 N. Y. 466; Hakes v. Peck, 30 How. Pr. 104;…
1Per curiam
Plaintiff is the owner of a large building in the city of New York which it leased to the defendant for a term .of years. The lease contained no provision with refer ence to the payment of taxes that might be imposed upon the property and, therefore, the burden of their payment remained on the landlord. The defendant during its occupancy of the premises used large quantities of water which was furnished to it by the city and measured through a meter. The defendant failed to pay for the water consumed by it, whereupon the plaintiff paid the city’s claim and has brought this action to recover…
2Cases cited2 opinions
- Silkman v. Board of Water CommissionersNew York Court of Appeals · 1897
- Remsen v. . WheelerNew York Court of Appeals · 1887
3Cited by31 opinions
- Watergate II Apartments v. Buffalo Sewer AuthorityNew York Court of Appeals · 1978
- Robertson v. ZimmermannNew York Court of Appeals · 1935
- Hamilton's AppealSupreme Court of Pennsylvania · 1940
- Mahler v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1941
- Black v. General Wiper Supply Co.New York Court of Appeals · 1953
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