New York Real Estate & Building Improvement Co. v. Motley
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of 27ew York, entered upon an order made April 10, 1898, which affirmed an order of the General Term of the City Court of 27ew York, which affirmed a judgment in favor of defendant entered upon a verdict, and also affirmed an order denying a motion for a new trial. This was an action upon a lease under seal to recover rent of rooms.
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Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of 27ew York, entered upon an order made April 10, 1898, which affirmed an order of the General Term of the City Court of 27ew York, which affirmed a judgment in favor of defendant entered upon a verdict, and also affirmed an order denying a motion for a new trial. This was an action upon a lease under seal to recover rent of rooms. After the commencement of the term a fire occurred which did not totally destroy the building, but so damaged it as to render it wholly untenantable during the period of…
1Opinion of the CourtFinch, J.
Nothing would need to be added to the very satisfactory opinion of the General Term in this case were it not for the elaborate criticism to which it has been subjected in the argument of the appellant. The question was whether the emergency contemplated by the act of 1860 (Chap. 345), which is an injury by fire making the premises untenantable, was covered and provided for by the terms of the lease between the parties, and for that reason taken out of the scope and operation of the statute. The lease does provide expressly for two contingencies. One of them is such a destruction of the…
2Cited by6 opinions
- Mottman Mercantile Co. v. Western Union Telegraph Co.Washington Supreme Court · 1940
- Gamble-Robinson Co. v. BuzzardCourt of Appeals for the Eighth Circuit · 1933
- Weiss v. Zenith Realty Co.Supreme Court of Minnesota · 1915
- Daly v. SchenkUnited States District Court · 1930
- Stieglitz v. CohenAppellate Terms of the Supreme Court of New York · 1910
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