Nimmo v. Harway
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of..the Binth Judicial District Court. The action was brought by respondent to recover the sum of $250, which Was deposited by respondent with appellant as security for the faithful performance of the terms ¡of a lease of premises Ho. 2191 (Eighth avenue, in the city of Hew York..
1Opinion of the CourtGildersleeve, J.
The plaintiff claims to recover on the ground that the -lease was canceled by reason of the fact that the premises were so injured by fire, on September 20, 1896, as to become untenantable and unfitted to carry on the business for which they were rented, and that the defendant failed to cause the 'damage thereto to he forthwith repaired. This question is presented: Was the emergency, contemplated by the statute of 1860, chapter 315, *127which is an injury by fire making the premises untenantable, covered and provided (for by the terms of the lease, and thereby taken out of the scope and operation…
2Cases cited2 opinions
- Myers v. . BurnsNew York Court of Appeals · 1866
- Bacon v. Albany Perforated Wrapping Paper Co.New York Supreme Court · 1898
3Cited by6 opinions
- Barbour v. WaterstonMichigan Supreme Court · 1936
- Messer v. SmithAppellate Terms of the Supreme Court of New York · 1925
- A. Jones Die Co. v. Mamet Fur Dyeing Co.Appellate Terms of the Supreme Court of New York · 1930
- Flitner v. Willet PressCity of New York Municipal Court · 1901
- Rothstein v. VinciquerraSyracuse City Court · 1966
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