Legal Opinion

Brunswick - Balke - Collender Co. v. Wallace

Appellate Terms of the Supreme Court of New York

Decided November 15, 1909PublishedCited by 4 opinions

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

  1. Werner v. PadulaAppellate Division of the Supreme Court of the State of New York · 1900

3Cited by4 opinions

  1. Smith v. J. Weingarten, Inc.Court of Appeals of Texas · 1938
  2. Gottesman v. GoldbergCity of New York Municipal Court · 1933
  3. Pikeway Realty Corp. v. CohenAppellate Division of the Supreme Court of the State of New York · 1914
  4. Smith v. J. Weingarten, Inc.Court of Appeals of Texas · 1938

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