Butler v. . Kidder
New York Court of Appeals
Appeal from judgment of the General Term of the Court ■ of Common Pleas, in and for the city and county of New York, entered upon an order affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover two installments of rent falling due under and by the terms of a lease of a basement room of a building on Wall street, in the city of New York. The lease contained these clauses: “ 13th.
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Appeal from judgment of the General Term of the Court ■ of Common Pleas, in and for the city and county of New York, entered upon an order affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover two installments of rent falling due under and by the terms of a lease of a basement room of a building on Wall street, in the city of New York. The lease contained these clauses: “ 13th. That the- said landlord will not allow to the said tenants any deduction in rent on account of the premises, fixtures or furniture not being in good or tenantable order…
1Opinion of the Court
Andrews, Ch. J.
The act of 1860 in legal effect, allows lessees or occupants of a building, which, without any fault or neglect on their part, has been destroyed or injured by the elements, or any other cause, so as to be untenantable or unfit for occupancy, to quit and surrender the leasehold premises, and relieves them, upon so doing, from all further liability for rent, “ unless otherwise expressly provided by written agreement or covenant.” (Laws of 1860, chap. 345; Johnson v. Oppenheim, 55 N. Y. 280.)
The lease in question, was of the room or premises designated as No. 1, on the basement…
2Cases cited2 opinions
- Johnson v. . OppenheimNew York Court of Appeals · 1873
- Graves v. . BerdanNew York Court of Appeals · 1863
3Cited by26 opinions
- May v. . GillisNew York Court of Appeals · 1901
- Galante v. Hathaway Bakeries, Inc.Appellate Division of the Supreme Court of the State of New York · 1958
- Leeber Realty LLC v. Trustco BankDistrict Court, S.D. Illinois · 2018
- Marcy v. City of SyracuseAppellate Division of the Supreme Court of the State of New York · 1921
- Street v. Central Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1905
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