Cohen v. Jonathan Levi Co.

I feel constrained to follow the decision in Wall v. Hess (232 N. Y. 472). The tenant covenanted to pay, when due, all taxes and assessments, extraordinary as well as ordinary, which were assessed during the term of the lease. The extraordinary assessment in question became final and absolute during the term of the lease. Thus the assessment fixed the liability of the tenant. The tenant having the option to spread the payments over a period of ten years or pay in full at the time of the first payment did not alter Ms obligation to pay the full amount of the assessment. (Walker v. Stein, 222…