Legal Opinion

Jersey Silk & Lace Stores, Inc. v. Best Silk Shops, Ltd.

City of New York Municipal Court

Decided June 14, 1929PublishedCited by 5 opinions

1Opinion of the CourtEvans, J.

The action is by a tenant of an entire building against its lessor for damage to silk caused by rain leaking through the roof. The lease contains a covenant requiring the tenant to make all repairs “ excluding the roof.” The lessor possessed the building from the owner, under a lease in the same form as the one between plaintiff and defendant. Another covenant, of importance, at bar, exempts the landlords from liability for leakage and is in the same form as the same kind of covenant found in Kessler v. The Ansonia (222 App. Div. 148) and Lowy & Feffer, Inc., v. Mor-Ro Realty Corp. (223 id.…

2Cases cited14 opinions

  1. Myers v. . BurnsNew York Court of Appeals · 1866
  2. Schick v. FleischhauerAppellate Division of the Supreme Court of the State of New York · 1898
  3. Cook v. . SouleNew York Court of Appeals · 1874
  4. Boden v. ScholtzAppellate Division of the Supreme Court of the State of New York · 1905
  5. Flynn v. HattonNew York Court of Common Pleas · 1872

9 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Book Production Industries, Inc. v. Blue Star Auto Stores, Inc.Appellate Court of Illinois · 1961
  2. Fischer v. CollierDistrict Court of Appeal of Florida · 1962
  3. City of St. Petersburg v. Competition Sails, Inc.District Court of Appeal of Florida · 1984
  4. Ferro v. FerranteSupreme Court of Rhode Island · 1968
  5. Parker v. Jenkins, New York County Courts1930

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