Kuperschmid v. Tauszig

Guy, J. (dissenting):

The indorsement on the summons states: “ The nature and substance of the cause of action herein is for negligence. The defendant is the owner of premises 278E Houston St., N. Y. C., and negligently maintained a roof so that water flowed into the portion of the premises occupied by the plaintiff, a tenant thereof, and damaged sugar in the premises to the extent of $600.60. The damages were sustained on August 19, 1922.”

There is no allegation of a breach of contract between plaintiff, tenant, and defendant, landlord, and an examination of the lease, which was introduced in…