Fenning v. Laskas
Appellate Division of the Supreme Court of the State of New York
Reargument of an appeal by the defendants, George Laskas and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 11th day of February, 1919, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 7th day of March, 1919, denying their motion for a new trial made upon the minutes in an action brought to recover for an alleged breach of an implied covenant of…
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Reargument of an appeal by the defendants, George Laskas and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 11th day of February, 1919, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 7th day of March, 1919, denying their motion for a new trial made upon the minutes in an action brought to recover for an alleged breach of an implied covenant of quiet enjoyment. (See 189 App. Div. 907, 942.)
1Opinion of the Court
Rich, J.:
The plaintiff rented defendants’ premises to be used as a saloon. The lease, executed March 8, 1916, contained, among its- other provisions, the following: “And it is agreed that the said tenant shall use and occupy the store in the said premises for the purposes of a retail liquor store and that the floors above the said store shall be occupied for dwelling purposes for not more than two families, and that the said premises shall not be occupied for any other purpose under the penalty of forfeiture and damages to be recovered by said landlord.”
It seems the defendants’ predecessor in…
2Cases cited3 opinions
- Franklin v. . BrownNew York Court of Appeals · 1889
- Steefel v. . RothschildNew York Court of Appeals · 1904
- Prahar v. TouseyAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by2 opinions
- Shenkin v. SchermerhornPennylvania Municipal Court, Philadelphia County · 1933
- Vittoria v. SilverAppellate Division of the Supreme Court of the State of New York · 1954