Pellegrino v. Giuliani
New York Supreme Court
Action by vendee in contract for sale of land .to recover of vendor for loss of buildings before passing of title, due to windstorm.
1Opinion of the CourtLazansky, J.
The question involved in-this litigation is whether ■ the loss before the law day due to the destruction of a building on certain premises, caused by a heavy windstorm, must fall upon the vendor or the vendee under a contract of sale of the land and the building thereon. The contract provided that “ -the risk of loss or damage to said premises by fire until the delivery of the deed is assumed by the seller.” There is, however, no provision with reference to a loss due to any other cause.
The contract price is $5,000. The value of the building was $900. In Boehm v. Platt, 115 Misc. Rep. 55, the…
2Cases cited6 opinions
- Elterman v. . HymanNew York Court of Appeals · 1908
- Mott v. . PalmerNew York Court of Appeals · 1848
- Sewell v. . UnderhillNew York Court of Appeals · 1910
- Gates v. SmithNew York Court of Chancery · 1846
- Neponsit Realty Co. v. JudgeNew York Supreme Court · 1919
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Charles v. ScheibelNew York Supreme Court · 1926
- Brownell v. Board of EducationNew York Supreme Court · 1924
- Cammarata v. MerkewitzNew York Supreme Court · 1923