Roseff v. Beals
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Samuel Roseff, from a judgment of the City Court of Mount Vernon in favor of the defendant, entered in the office of the clerk of the City Court of Mount Vernon on the 23d day of February, 1917, dismissing the complaint on the merits upon the verdict of a jury, and also from an order entered in said clerk’s office on the same day denying plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, P. J.:
In this action by a landlord to recover rent under a written lease, the defendant pleaded inter alia that prior to and at the time of the making of the written agreement of lease the parties further covenanted and agreed that said lease should not take effect or be in force until the plaintiff should install an adequate heating apparatus in the dwelling house on said premises and make other repairs to the premises, particularly to the roof and to the plumbing system. The lease was silent on this matter. The jury returned a general verdict for the defendant.
The learned court…
2Cases cited3 opinions
- Hall v. BestonAppellate Division of the Supreme Court of the State of New York · 1898
- Greene v. KerAppellate Terms of the Supreme Court of New York · 1905
- Hall v. . BestonNew York Court of Appeals · 1901