Legal Opinion

Galante v. Hathaway Bakeries, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided July 9, 1958PublishedCited by 25 opinions

1Opinion of the CourtBastow, J.

These appeals present a question of law that appears to be one of first impression in this State. The *144"basic issue relates to the liability of a tenant for damage by fire to the demised premises alleged to have been caused by the negligence of the lessee. The issue under consideration is the sufficiency as a matter of law of an affirmative defense alleged in the answer of the tenant that the lease agreement contained a provision that the latter should make all necessary repairs to the interior of the demised premises “ reasonable wear and tear and damage by fire and unavoidable casualty…

2Cases cited19 opinions

  1. Cerny-Pickas & Co. v. C. R. Jahn Co.Illinois Supreme Court · 1955
  2. Witty v. . MatthewsNew York Court of Appeals · 1873
  3. Wichita City Lines, Inc. v. PuckettTexas Supreme Court · 1956
  4. Sears, Roebuck and Company v. PolingSupreme Court of Iowa · 1957
  5. Brownell v. Board of Education of Inside Tax District of City of Saratoga SpringsNew York Court of Appeals · 1925

14 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Federal Insurance v. Arthur Andersen & Co.New York Court of Appeals · 1990
  2. Union Mutual Fire Insurance v. JoergSupreme Court of Vermont · 2003
  3. Rausch v. Allstate InsuranceCourt of Appeals of Maryland · 2005
  4. Cascade Trailer Court v. BeesonCourt of Appeals of Washington · 1988
  5. Rizzuto v. MorrisCourt of Appeals of Washington · 1979

20 more not listed; retrieve them via the Exa API.

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