Samuel v. Princeton Const. Co.
City of New York Municipal Court
Action by Florence Samuel against the Princeton Construction Company. Judgment for plaintiff. Clause 14 of the lease was as follows: “(14) The landlord shall in no event be liable for any loss of or damage to the property of the tenant, family, servants, or guests, howsoever such damage or loss may arise, and whether such property be contained in the demised premises, in the storage room, or in other portion of said building, or any place appurtenant thereto.”
1Opinion of the CourtColeman, J.
[1] It seems to me that the liability of the defendant is to be measured by the terms of the lease. The use of the store • room was “appurtenant” to the occupation of the apartment demised, and the trunk in question was placed in the storeroom, not by virtue of any separate and independent agreement between this plaintiff and this defendant, but because of the permission granted to the tenant to make reasonable use of the storeroom for the surplus household effects of himself and his family. But section 14 of the lease does not seem to me to exclude liability arising from defendant’s…
2Cases cited4 opinions
- Claflin v. . MeyerNew York Court of Appeals · 1878
- Stewart v. . StoneNew York Court of Appeals · 1891
- Pratt, Hurst & Co. v. TailerAppellate Division of the Supreme Court of the State of New York · 1906
- Bean v. FordAppellate Terms of the Supreme Court of New York · 1909