Legal Opinion

Lorefice v. Sardella

New York Supreme Court

Decided January 15, 1915Published

Appeal from a judgment of the Municipal 'Court of the city of New York, borough of Manhattan, first district, dismissing the complaint with costs at the close of the plaintiff’s case.

1Opinion of the CourtPage, J.

The action was brought to recover damages for injury to the plaintiff’s property caused by leakage of water from an empty apartment above, from a broken water pipe. The plaintiff occupied the rear of a barber shop which was leased by the defendant to Alpino, Giaretto & Co. The front of the store was occupied by Giaretto as a barber shop and the rear was used originally by Alpino as' a hair dressing parlor and was subleased by Alpino to the plaintiff. There is evidence that after the subletting to the plaintiff the defendant accepted rent from her with knowledge thereof and impliedly assented…

2Cases cited3 opinions

  1. Donaldson v. WilsonMichigan Supreme Court · 1886
  2. Harris v. BoardmanAppellate Division of the Supreme Court of the State of New York · 1902
  3. Levy v. KornCity of New York Municipal Court · 1899

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