Marder v. Heinemann
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Arthur Harder, from a judgment of the Hunicipal Court of the city of Hew York in favor of the defendant. The action was by tenant against landlord for the conversion of an ice box. The defendant leased a store to the plaintiff, who carried on in it the business of retail dealer in butter and eggs.
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Appeal by the plaintiff, Arthur Harder, from a judgment of the Hunicipal Court of the city of Hew York in favor of the defendant. The action was by tenant against landlord for the conversion of an ice box. The defendant leased a store to the plaintiff, who carried on in it the business of retail dealer in butter and eggs. The ice box he put in for his business being too large to go through the door, he took out the large plate glass which formed part of the front of the store, and was set in the building itself, instead of in a movable sash, and put the ice box in through the opening, and…
1Opinion of the Court
Gaynor, J.:
The refusal of the defendant to allow the plaintiff to remove the plate glass to take out his ice box was a conversion thereof. By assenting to the removal of the plate glass to take the ice box in, the defendant assented to the taking of it out in the same way (Kelsey v. Durkee, 33 Barb. 410).
The judgment should be reversed.
Woodward, Jbnks, Hooker and Miller, JJ., concurred.
Judgment of the Municipal Court reversed and new trial ordered, costs to abide the event.
2Cases cited1 opinion
- Kelsey v. DurkeeNew York Supreme Court · 1861
3Cited by3 opinions
- Henry A. Fabrycky, Inc. v. Nad Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1941
- Scott v. Browning Business Service, Inc.City of New York Municipal Court · 1941
- Second On Second Café, Inc. v. Hing Sing Trading, Inc.Appellate Division of the Supreme Court of the State of New York · 2009