Stieglitz v. Cohen
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the Municipal Court of the city of New York, fifth district, borough. of Manhattan, entered upon a verdict in favor of the plaintiff rendered by direction of the court.
1Opinion of the CourtLehman, J.
The plaintiff sues upon an oral complaint for rent for the months of June and July, 190-9, of certain premises which were damaged by fire on May 18, 190-9. The answer was a general denial, no repairs, partial destruction by reason of fire, suspension of rent from June 1 to July 15, 1909. At the trial, the defendant offered to prove the damage to the building on May eighteenth, rendering it impossible to carry on his business upon the leased premises, and that they were repaired only on July fifteenth. The trial justice ruled out all such testimony, holding that under the lease' the landlord…
2Cases cited3 opinions
- Butler v. . KidderNew York Court of Appeals · 1881
- New York Real Estate & Building Improvement Co. v. MotleyNew York Court of Appeals · 1894
- Roman v. TaylorAppellate Division of the Supreme Court of the State of New York · 1904