Brewster v. Silverstein
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Ninth District. Action by Richard L. Brewster against Samuel J. Silverstein. From a judgment' for defendant, plaintiff appeals.
1Opinion of the CourtLehman, J.
[1] The parties entered into a lease wherein the landlord agreed that in case of fire he would cause the damage to be repaired forthwith. In so far as damages by fire are concerned, this provision must be regarded as an express agreement in writing, which overrides the provisions of section 227 of the real property law (Con-sol. Laws 1909, c. 50). Roman v. Taylor, 93 App. Div. 449, 87 N. Y. Supp. 653.
[2] The tenant, however, may still abandon the premises, upon the theory of a constructive eviction, where, after the fire, the landlord unreasonably refuses or neglects to make the repairs, and…
2Cases cited5 opinions
- Connecticut Fire Insurance v. Erie Railway Co.New York Court of Appeals · 1878
- Merrick v. BrainardNew York Supreme Court · 1860
- Collins v. N.Y. Central and Hudson River Railroad Co.New York Court of Appeals · 1877
- Briggs v. New York Central & Hudson River RailroadNew York Court of Appeals · 1878
- Roman v. TaylorAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by7 opinions
- In Re Future Manufacturing Cooperative, Inc.District Court, N.D. California · 1958
- Gusikoff v. Republic Storage Co.Appellate Division of the Supreme Court of the State of New York · 1934
- Universal Leaseway System, Inc. v. Herrud & Co.Michigan Supreme Court · 1962
- Container Co. v. United StatesUnited States Court of Claims · 1950
- Herald Nathan Press, Inc. v. BourgesCity of New York Municipal Court · 1936
2 more not listed; retrieve them via the Exa API.