Cases Decided in the Inferior Courts of Record of the State of New York Volume 85
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Cases Decided in the Inferior Courts of Record of the State of New York Volume 85

Cases Decided in the Inferior Courts of Record of the State of New York Volume 85


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914 Excerpt: ...1st day of March, 1913, and has not at any time thereafter, put the building in complete repair or in a tenMisc. Supreme Court, Appellate Term, May, 1914. antable condition; but that, on the contrary, the said premises were on the 1st day of March, 1913, and have ever since remained in a wholly untenantable and dangerous condition. The evidence shows that at the time of the fire the defendant was not in physical possession of the premises, but that it was in possession of a sub-tenant, to whom the defendant had rented the premises. The plaintiff took possession of the premises On December 28, 1912, notifying defendant that it did so for the purpose of placing them in complete repair. At the time of the fire the lease had four months and five days to run. The plaintiff finally tendered the premises to defendant as being in complete repair on February 28, 1913. The defendant rejected the tender on the ground that the premises had not been put in complete repair, and on the trial contended that, in retaining the building for two months and five days for the making of repairs, the plaintiff had failed to comply with its covenant to make such repair "as speedily as possible." On the trial the plaintiff offered in evidence the lease annexed to defendant's answer, and rested. Defendant moved to dismiss on the ground that plaintiff had failed to show the condition precedent to the recovery of rent, that the premises had been restored and put in complete repair. This motion was denied and an exception taken. Defendant also excepted to that portion of the charge to the jury where the court said: "In your deliberations the first thing you must do when you reach the jury room is to determine whether the defendant or its sub-agents were guilty of negligen...


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Product Details
  • ISBN-13: 9781231092309
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 236
  • Spine Width: 13 mm
  • Width: 189 mm
  • ISBN-10: 1231092300
  • Publisher Date: 01 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 426 gr


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