Galante v. Hathaway Bakeries, Inc.
Appellate Division of the Supreme Court of the State of New York
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
- Cerny-Pickas & Co. v. C. R. Jahn Co.Illinois Supreme Court · 1955
- Witty v. . MatthewsNew York Court of Appeals · 1873
- Wichita City Lines, Inc. v. PuckettTexas Supreme Court · 1956
- Sears, Roebuck and Company v. PolingSupreme Court of Iowa · 1957
- Brownell v. Board of Education of Inside Tax District of City of Saratoga SpringsNew York Court of Appeals · 1925
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3Cited by25 opinions
- Federal Insurance v. Arthur Andersen & Co.New York Court of Appeals · 1990
- Union Mutual Fire Insurance v. JoergSupreme Court of Vermont · 2003
- Rausch v. Allstate InsuranceCourt of Appeals of Maryland · 2005
- Cascade Trailer Court v. BeesonCourt of Appeals of Washington · 1988
- Rizzuto v. MorrisCourt of Appeals of Washington · 1979
20 more not listed; retrieve them via the Exa API.