Einstein v. Tutelman
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the City Court of the city of ¡New York in favor of the plaintiff, entered upon the verdict of a jury, and from an order denying the plaintiff’s motion for a new trial.
1Concurrence
Greenbaum, J. (concurring.)
By the provisions of the lease between the parties the rent of the premises therein demised became payable on” the first day of each month in advance.
Plaintiff’s action was for the rent payable on the 1st day of May, 1907; and it is not disputed that, hut for the facts hereinafter stated, plaintiff would he entitled to a recovery.
Defendants, however, allege as a “ partial defense ” that, under the terms of the lease, it was agreed and" provided that, in case the building erected on said premises shall he damaged by fire so as to render the same untenantable, the…
2Cases cited3 opinions
- Werner v. PadulaAppellate Division of the Supreme Court of the State of New York · 1900
- Craig v. ButlerNew York Supreme Court · 1894
- Thomas v. . GageNew York Court of Appeals · 1898