Graber v. Bergman
Appellate Terms of the Supreme Court of New York
Appeal by plaintiffs from' a judgment of the Municipal Court of the city of New York, borough of the Bronx, second district, dismissing the complaint upon the plaintiffs’ opening and so much of the testimony as had then been introduced.
1Opinion of the CourtBijur, J.
The action was brought to recover for damages sustained to plaintiffs’ goods from a leak in the roof on premises owned by the defendant. The lease between the parties provided inter alia, “ The said lessor agrees to make * * * all repairs to the roof * * *, but it is understood that the said lessor shall not be liable to the said lessee for any damage caused by the leakage of the roof * * * *448unless the lessor neglects to repair same within a reasonable time after a written notice of such leakage is delivered to the said lessor.” At the trial plaintiffs offered to prove that the landlord had…
2Cases cited4 opinions
- Clark v. . WestNew York Court of Appeals · 1908
- Langley v. . RoussNew York Court of Appeals · 1906
- Pratt, Hurst & Co. v. TailerAppellate Division of the Supreme Court of the State of New York · 1909
- Gutman v. FolsomAppellate Terms of the Supreme Court of New York · 1908
3Cited by1 opinion
- Caldor, Inc.-NY v. Newburgh Mall Ltd. Partnership (In Re Caldor, Inc.-NY)United States Bankruptcy Court, S.D. New York · 1997