Reiner v. Jones
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Robert Owen- Jones, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 30th day of April, 1898, upon the. verdict of a jury rendered, by direction of the court and upon the-dismissal of his-counterclaim, and also from an order entered in said, clerk’s office on the 28th day of April, 1898, denying the defendant’s motion for. a new trial made, upon the minutes.
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Appeal by the defendant, Robert Owen- Jones, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 30th day of April, 1898, upon the. verdict of a jury rendered, by direction of the court and upon the-dismissal of his-counterclaim, and also from an order entered in said, clerk’s office on the 28th day of April, 1898, denying the defendant’s motion for. a new trial made, upon the minutes. This appeal was transferred from the- first department to the second department.
1Opinion of the Court
Willard Bartlett, J. :
The plaintiff sued for,rent. The defendant interposed á counterclaim for damages alleged 'to have been sustained by reason of' the plaintiff’s breach of her covenant to repair the roof of the demised premises. The averment in .the answer was that such damages were occasioned by - “ the rain, coming through the roof thereof into the store of the defendant in rainy weather, and upon his goods, wares and merchandise therein contained.” At the close of the evidence the learned trial court, on the. authority of Schick v. Fleischhauer (26 App. Div. 210), directed a verdict in…
2Cases cited5 opinions
- City of Brooklyn v. . Brooklyn City R.R. Co.New York Court of Appeals · 1872
- Thomson-Houston Electric Co. v. Durant Land Improvement Co.New York Court of Appeals · 1894
- Schick v. FleischhauerAppellate Division of the Supreme Court of the State of New York · 1898
- Cook v. . SouleNew York Court of Appeals · 1874
- Dorwin v. PotterNew York Supreme Court · 1848
3Cited by13 opinions
- Goelet v. GoldsteinAppellate Division of the Supreme Court of the State of New York · 1930
- Baldwin v. CohenAppellate Division of the Supreme Court of the State of New York · 1909
- Jersey Silk & Lace Stores, Inc. v. Best Silk Shops, Ltd.City of New York Municipal Court · 1929
- Parker v. Jenkins, New York County Courts1930
- Franklin Building Co. v. FinnAppellate Division of the Supreme Court of the State of New York · 1914
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