Drescher Rothberg Co. v. Landeker
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special .Term. Action by the Drescher Rothberg Company against Adolph Landeker. From a judgment óf the City Court of the City of New York, vacating a verdict for plaintiff, and ordering judgment for defendant, and from a judgment entered on the order, plaintiff appeals. Reversed, and new trial ordered.
1Opinion of the CourtLehman, J.
The plaintiff has recovered a verdict against his landlord for damages caused by a leaky roof. The trial justice there- 8 after set aside the verdict, and dismissed the complaint on the merits, on the ground that by the terms of the lease the landlord was exempted from all liability for damages from leaks. The lease contains the following clause:
“It is expressly -agreed and understood by and between the parties to this agreement that the landlord shall not be liable for any "damage or injury by water which may be sustained by the said tenants or other person, or for any other damages or…
2Cases cited1 opinion
- Worthington v. ParkerNew York Court of Common Pleas · 1885
3Cited by9 opinions
- Kirshenbaum v. General Outdoor Advertising Co.New York Court of Appeals · 1932
- Waterside Holding Corp. v. LaskAppellate Division of the Supreme Court of the State of New York · 1931
- Kessler v. the AnsoniaNew York Court of Appeals · 1930
- Garrity v. PropperAppellate Division of the Supreme Court of the State of New York · 1924
- Parker v. Jenkins, New York County Courts1930
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