Legal Opinion

Dazian v. Ittelson

Appellate Terms of the Supreme Court of New York

Decided April 15, 1912Published

Appeal by defendant from a judgment in favor of plaintiffs rendered in the Municipal Court of the city of Dew York, borough of Manhattan, fifth district.

1Opinion of the CourtGuy, J.

The defendant appeals from a judgment in favor of plaintiffs in an action brought on a written lease to recover rent of certain premises for the months of May and June, 1911. 'The answer admits the making of the lease; but sets up as a separate defense that the premisés became untenantable by reason of a fire and so remained during the •months in question and thereafter; that the plaintiffs omitted to put the premises in repair; and that, under the provision *229of the lease set forth in the complaint, the rent was suspended during said period. The plaintiffs introduced the lease in evidence and…

2Cases cited2 opinions

  1. Kip v. . MerwinNew York Court of Appeals · 1873
  2. Reischmann v. L. N. Hartog Candy Co.Appellate Terms of the Supreme Court of New York · 1911

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