Young v. Katz
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles Katz, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Kings on the 3d day of June, 189Y, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 1st day of June, 1891, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, Charles Katz, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Kings on the 3d day of June, 189Y, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 1st day of June, 1891, denying the defendant’s motion for a new trial made upon the minutes. In February, 1895, the plaintiffs, by lease under seal, demised to Moritz Kind a certain building in the city of New York for the term of two years and two months from the first day of May following, at the annual rent of…
1Opinion of the Court
Bradley, J.:
The theory upon which the case was submitted to the jury was that the repairs for which the defendant was chargeable were those of conditions which arose after the commencement of the term, and such view was acceded to by the plaintiffs’ counsel on the trial. This was apparently in line with the allegations of the complaint. But whether or not they were thus restricted by such allegations it *544is unnecessary to inquire, and that question, therefore, is not considered.
The covenant of the lessee in question in Lockrow v. Horgan (58 N. Y. 635) was that he would make the necessary…
2Cases cited5 opinions
- Mott v. . Consumers' Ice CompanyNew York Court of Appeals · 1878
- Holmes v. . JonesNew York Court of Appeals · 1890
- Bruce v. . BurrNew York Court of Appeals · 1876
- Troy & Rutland Railroad v. KerrNew York Supreme Court · 1854
- Whitney v. Town of TiconderogaNew York Supreme Court · 1889
3Cited by10 opinions
- Talbot v. . LaubheimNew York Court of Appeals · 1907
- Oklahoma Moline Plow Co. v. SmithSupreme Court of Oklahoma · 1914
- Mid-Co Gasoline Co. v. BackSupreme Court of Oklahoma · 1923
- Thomas v. ZahkaNew York Supreme Court · 1917
- De Waltoff v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1902
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