Hayden Co. v. Kehoe
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles F. Kehoe, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 9th day of May, 1916, upon the verdict of a jury rendered by direction of the court.
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Appeal by the defendant, Charles F. Kehoe, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 9th day of May, 1916, upon the verdict of a jury rendered by direction of the court. The action is brought to recover unpaid rent for the fourth and part of the sixth floors of a building leased and controlled by the plaintiff, accruing between December 1, 1914, and December 1, 1915. The defendant moved from the premises and abandoned the property about the 1st of January, 1915, and in his answer pleads a constructive…
1Opinion of the Court
Rich, J.:
The lease, dated April 6, 1911, expiring May 1, 1916, expressly obligates the plaintiff to ‘‘supply, at all reasonable times, * * * between the hours of eight in the morning and seven in the evening of each day during said term, except Sundays and legal holidays, elevator service, but shall not be liable for any failure to do so occasioned by accident or cause beyond its control.”
The defendant carried on the business of a ladies’ tailor, making high-grade suits, gowns and other articles of ladies’ clothing to order and measurement, employing in his business from sixty-five to seventy…
2Cases cited1 opinion
- Lawrence v. Mycenian Marble Co.New York Court of Common Pleas · 1892
3Cited by10 opinions
- Central Manhattan Properties, Inc. v. D. A. Schulte, Inc.Court of Appeals for the Second Circuit · 1937
- Bromberger v. Empire Flashlight Co.New York Supreme Court · 1930
- Mayers v. KugelmanSuffolk County District Court · 1975
- Heissenbuttel v. Comnas, New York County Courts1958
- Read v. LevyAppellate Terms of the Supreme Court of New York · 1917
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