Brunswick - Balke - Collender Co. v. Wallace
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment of the Special Term of the City Court of the city of ¡New York, sustaining a demurrer to the complaint.
1Opinion of the CourtGildersleeve, J.
The complaint, briefly stated, alleges, among other things, that plaintiff was lessee of defendant under a written lease, annexed to the complaint, which lease provided, among other things, that the rent should be paid monthly, in advance, on the first day of each month; and the lease also contained the following clause: “ That the tenant shall in case of fire give immediate notice thereof to the landlord, who shall thereupon cause the damage to be repaired forthwith; but, if the premises be so damaged that the landlord shall decide to rebuild, the term shall cease, and the accrued rent be…
2Cases cited1 opinion
- Werner v. PadulaAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by4 opinions
- Smith v. J. Weingarten, Inc.Court of Appeals of Texas · 1938
- Gottesman v. GoldbergCity of New York Municipal Court · 1933
- Pikeway Realty Corp. v. CohenAppellate Division of the Supreme Court of the State of New York · 1914
- Smith v. J. Weingarten, Inc.Court of Appeals of Texas · 1938