Goldstein v. 104 Second Avenue Realty Corp.

This is an action brought by the plaintiff to recover damages because of the defendant’s alleged breach of a covenant contained in a written lease. The plaintiff, pursuant to the terms of the lease, was a tenant of the defendant and, *2as such, occupied a store on the defendant’s premises and used it as a candy store, ice-cream parlor and luncheonette. The covenant upon which the plaintiff relies reads: “ That in case the building or buildings erected on the premises hereby leased shall be partially damaged by fire, the same shall be repaired as speedily as possible at the expense of the…