Legal Opinion
Burkhard v. Morris
Appellate Division of the Supreme Court of the State of New York
Decided October 3, 1923PublishedCited by 2 opinions
1Per curiam
The action is by a lessee against a lessor for damages for failure to deliver possession of the leased premises.
The general rule of damages in such a case is the difference between the rent reserved in the lease and the rental value of the premises, the latter to be fixed by one qualified to testify as an expert upon rental values of premises of the kind leased in that general vicinity. (Dodds v. Hakes, 114 N. Y. 260; Berkowitz v. Iorizzo, 106 Misc. Rep. 489, 493.) Special damages which are the natural but not the necessary consequences of the breach are also recoverable if properly alleged…
2Cases cited5 opinions
- Dodds v. . HakesNew York Court of Appeals · 1889
- Friedland v. . MyersNew York Court of Appeals · 1893
- Giles v. O'TooleNew York Supreme Court · 1848
- Williamson v. StevensAppellate Division of the Supreme Court of the State of New York · 1903
- Berkowitz v. IorizzoAppellate Terms of the Supreme Court of New York · 1919
3Cited by2 opinions
- Markese v. Cooper, New York County Courts1972
- Reizen v. SteiglitzAppellate Terms of the Supreme Court of New York · 1925