Saffer v. Levy
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by Morris Suffer and. others against Julius Levy. From a judgment for plaintiffs, defendant appeals. Reversed.
1Opinion of the CourtFreedman, P. J.
The defendant concedes the right of the plaintiffs to recover the amount of rent sued for, and relies wholly on his counterclaim for damages based upon plaintiffs’ breach of covenant to repair. Properly construed, the lease provides that if, in case of fire, the damages to the demised premises shall be so extensive as to render them untenantable, the rents shall be proportionately paid up to the time of such damage, and shall from thenceforth cease until such time as the premises shall be put in good repair, but that the lessee’s occupation of the premises shall be deemed conclusive proof of…
2Cases cited3 opinions
- Cook v. . SouleNew York Court of Appeals · 1874
- Hexter v. . KnoxNew York Court of Appeals · 1876
- Godfrey v. India Wharf Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1903
3Cited by1 opinion
- Walters v. FineMississippi Supreme Court · 1958