Legal Opinion
Caplan v. Goldman
Appellate Terms of the Supreme Court of New York
Decided January 26, 1950PublishedCited by 7 opinions
1Opinion of the CourtHofstadter, J.
The plaintiff is the tenant of one of the stores in the defendants’ building in the city of New York, together with part of the basement and part of the second floor, under a five-year lease commencing on May 15, 1948. The action is to recover property damage caused by a water leakage from the roof. The defendants are charged with negligence in the maintenance of the drains and kindred omissions. The answer pleads as a defense a clause of the written lease exempting the landlord from liability caused by water leakage unless caused by negligence and that there was no negligence.
The defendants…
2Cases cited1 opinion
- Leav v. WeitznerAppellate Division of the Supreme Court of the State of New York · 1944
3Cited by7 opinions
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- James Talcott, Inc. v. Wilson Hosiery Co.Appellate Division of the Supreme Court of the State of New York · 1969
- Central Inv. Associates, Inc. v. LEASING SERVICEDistrict Court of Appeal of Florida · 1978
- Arkin v. Sig Heller Co.Appellate Terms of the Supreme Court of New York · 1950
- Cantor v. 255 West 15th Holding Corp.Appellate Terms of the Supreme Court of New York · 1960
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