Meserole v. Sinn
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Evelina A. Meserole, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 16th day of March, 1898, upon the verdict of a jury, and also from an order entered in said clerk’s office denying the plaintiff’s motion for a new trial made upon the minutes.- . The action was brought to recover rent.
1Opinion of the Court
Goodrich, P. J.:
On November 27, 1894, the plaintiff by written lease demised to Walter L. Sinn the premises known as No. 404 Fourth street, ' *34Brooklyn, for a term of eighteen, months. Mr. Sinn entered into the premises and occupied them until October 24, 1895, when he vacated and surrendered them on the ground that they had become and were so injured by the elements and other causes as to be absolutely untenantable and unfit for occupancy.
The; evidence, shows, and the plaintiff’s counsel in his brief concedes, that after heavy rainstorms water flowed into the cellar so that it had to be…
2Cases cited5 opinions
- Tallman v. . MurphyNew York Court of Appeals · 1890
- Suydam v. . JacksonNew York Court of Appeals · 1873
- Franklin v. . BrownNew York Court of Appeals · 1889
- Sully v. . SchmittNew York Court of Appeals · 1895
- Vann v. . RouseNew York Court of Appeals · 1884
3Cited by8 opinions
- Warrin v. HavertyAppellate Division of the Supreme Court of the State of New York · 1913
- Huber v. RyanNew York Supreme Court · 1899
- Floyd-Jones v. SchaanAppellate Division of the Supreme Court of the State of New York · 1908
- Majestic Hotel Co. v. EyreAppellate Division of the Supreme Court of the State of New York · 1900
- Denham v. MadoleWisconsin Supreme Court · 1928
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