Taber v. Van Pelt
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court of New York. Action by Genevieve Taber against M. Evelyn Van Pelt. Judgment for plaintiff, and defendant appeals.
1Per curiam
[1] There is no evidence that at the time of the leasing of the house in question, a farm dwelling, it was not habitable, and no claim is made that the demise was induced by any representa*488tion of or concealment by the lessor as to its tenantable character, nor is there any evidence of an expressed covenant by the lessor that the premises were suitable and fit for dwelling purposes. “It is uniformly held in this state that the lessee of real property must run the risk of its condition, unless he has an express agreement upon the. part of the lessor covering that subject. The tenant hires at…
2Cases cited9 opinions
- Jaffe v. . HarteauNew York Court of Appeals · 1874
- Franklin v. . BrownNew York Court of Appeals · 1889
- Daly v. . WiseNew York Court of Appeals · 1892
- O'Brien v. CapwellNew York Supreme Court · 1870
- Steefel v. . RothschildNew York Court of Appeals · 1904
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Smith v. Nortz Lumber Co.North Dakota Supreme Court · 1943