Drago v. Mead
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Martin R. Mead, from a judgment of the County Court of Kings county in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 24th day of May, 1897, upon the verdict of a jury.
1Opinion of the Court
Cullen, J. :
This action was brought, lessee against lessor, for breach of a covenant on the part of the latter to repair. The plaintiff occupied the demised premises as a barber shop where he carried on business. The complaint alleged that the premises were injured by fire, not to the extent of rendering them untenantable, but sufficiently to require substantial repairs. The lease provided that in such case the landlord should, as speedily as possible, repair the premises.
It appeared that, at the time of the fire, and subsequent "thereto, the plaintiff was in default in his rent. The…
2Cases cited1 opinion
- Myers v. . BurnsNew York Court of Appeals · 1866
3Cited by12 opinions
- Piper v. FletcherSupreme Court of Iowa · 1901
- Refrigeration for Science, Inc. v. Deacon Realty Corp.New York Supreme Court · 1972
- Parker v. Jenkins, New York County Courts1930
- Volga Realty Corp. v. Chauncey Holt Co.Appellate Terms of the Supreme Court of New York · 1918
- Godfrey v. India Wharf Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1903
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