Legal Opinion

Markham v. David Stevenson Brewing Co.

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 1905PublishedCited by 10 opinions

Appeal by the plaintiff, Francis J. Markham, from a judgment of the Supreme Court in favor of the defendant, entered in thé office of the clerk of the county of New York on the 3d day of November, 1904, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term, and also' from an order entered in said clerk’s office on the 29 th day of October, 1904, denying the plaintiff’s motion for a new trial made upon the minutes.

1Opinion of the Court

Hatch, J.:

This action was brought to recover damages for the alleged breach of certain covenants contained in a lease of premises situate on the northeasterly corner of Tenth avenue and Twenty-eighth street in the borough of Manhattan, city of New York. The claimed breach consists in a failure to make repairs as required by the covenants. It was disclosed by the evidence that the buildings had become very much out of repair and that the building department had notified the parties that the premises had become unsafe and dangerous, specifying the particulars, and requiring that they be made…

2Cases cited3 opinions

  1. Lehmaier v. JonesAppellate Division of the Supreme Court of the State of New York · 1905
  2. May v. . GillisNew York Court of Appeals · 1901
  3. Markham v. David Stevenson Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1900

3Cited by10 opinions

  1. Warrin v. HavertyAppellate Division of the Supreme Court of the State of New York · 1913
  2. Gregory v. Manhattan Briar Pipe Co.Appellate Division of the Supreme Court of the State of New York · 1916
  3. Markham v. David Stevenson Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1906
  4. Egan v. DoddCalifornia Court of Appeal · 1917
  5. Victor A. Harder Realty & Construction Co v. Sam Ping LeeAppellate Terms of the Supreme Court of New York · 1911

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