Legal Opinion

Weinberg v. Savitzky

Appellate Terms of the Supreme Court of New York

Decided April 15, 1905PublishedCited by 1 opinion

Appeal by the defendants from a judgment rendered in favor of the plaintiff in the Municipal Court of the city of New York, thirteenth district, borough of Manhattan.

1Opinion of the CourtScott, J.

This action seems to have been decided in plaintiff’s favor upon the assumption that the rights of the parties are to be determined by chapter 345 of the Laws of 1860, which provides that “ The lessees or occupants of any building which shall, without any fault or neglect on their part, be destroyed, or be so injured by the elements, or any other cause, as to be untenantable and unfit for occupancy, shall not be liable or bound to pay rent to the lessors or owners thereof, after such destruction or injury, unless otherwise expressly provided by written agreement or covenant, and the lessees…

2Cases cited4 opinions

  1. Butler v. . KidderNew York Court of Appeals · 1881
  2. Kip v. . MerwinNew York Court of Appeals · 1873
  3. Bacon v. Albany Perforated Wrapping Paper Co.New York Supreme Court · 1898
  4. Tocci v. PowellAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by1 opinion

  1. Beers v. TaussigAppellate Terms of the Supreme Court of New York · 1905

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