Legal Opinion

Livingston v. Robb

Appellate Terms of the Supreme Court of New York

Decided November 15, 1908PublishedCited by 4 opinions

Appeal by the defendants from a judgment in favor of the plaintiff, rendered in the Municipal. Court of the city of New York, fifth district, borough of Manhattan.

1Opinion of the CourtMacLean, J.

The plaintiff brought this action to recover damages alleged to have been sustained in consequence of a breach by the defendants of the covenant to surrender the premises in good condition at the termination of their lease. Having removed the defendants by summary proceedings, the right to recover for a breach of the covenant remained in force. Vernon v. Brown, 40 App. Div. 204. In that case rental value and cost of restoration were allowed as damages, as herein may be allowed the rental value and cost of removal of property belonging to the defendants, but ■ not the sums allowed by the court…

2Cases cited1 opinion

  1. Vernon v. BrownAppellate Division of the Supreme Court of the State of New York · 1899

3Cited by4 opinions

  1. Phelan v. KennedyAppellate Division of the Supreme Court of the State of New York · 1919
  2. Marbridge Building Co. v. WhiteAppellate Terms of the Supreme Court of New York · 1921
  3. London v. StateNew York Court of Claims · 1949
  4. Marbridge Building Co. v. WhiteAppellate Terms of the Supreme Court of New York · 1921

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