Suydam v. . Jackson
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of ISTew York, affirming a judgment in favor of plaintiffs entered on a verdict. This action was brought to recover a quarter’s rent alleged to be due under a lease of certain premises situate in the city of ISTew York.
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Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of ISTew York, affirming a judgment in favor of plaintiffs entered on a verdict. This action was brought to recover a quarter’s rent alleged to be due under a lease of certain premises situate in the city of ISTew York. On the 30th of March, 1866, the plaintiffs leased to the ' defendant the store known as No. 48 Front street, in the city of ISTew York, for the term of three years from the 1st day of May, 1866, at the yearly rental of $2,600, payable quarterly. The lease contained no covenant to…
1Opinion of the Court
The sole defence to this action is based upon the statute (Laws of 1860, chap. 345) which provides "that the lessees or occupants of any building, which shall, without any fault or neglect on their part, be destroyed or be so injured by the elements or any other cause as to be untenantable and unfit for occupancy, shall not be liable or bound to pay rent to the lessors or owners thereof, after such destruction or injury, unless otherwise expressly provided by written agreement or covenant; and the lessees or occupants may thereupon quit and surrender possession of the leasehold premises, and…
2Cases cited3 opinions
- Graves v. . BerdanNew York Court of Appeals · 1863
- Hallett v. WylieNew York Supreme Court · 1808
- Bloomer v. MerrillNew York Court of Common Pleas · 1865
3Cited by56 opinions
- The Travelers Insurance Company v. 633 Third AssociatesCourt of Appeals for the Second Circuit · 1994
- Tallman v. . MurphyNew York Court of Appeals · 1890
- Rice v. . CulverNew York Court of Appeals · 1902
- In re WillcoxAppellate Division of the Supreme Court of the State of New York · 1914
- Meserole v. . HoytNew York Court of Appeals · 1899
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