Berger v. La Grasse

Appellate Terms of the Supreme Court of New York

Berger v. La Grasse

92 N.Y.S. 1115

Appellate Terms of the Supreme Court of New York·Decided January 26, 1905·Published

Opinion

DAVIS, J.

The judgment awarded damages to the plaintiff for a breach of covenant in a lease requiring the defendant to erect a front sidewalk garden within a specified time, and for a failure to restore certain rooms to a habitable condition. The evidence upon which the judgment was based is vague and speculative, and does not support an^ proper rule for estimating the damages, if, indeed, any were sustained. The judgment should be reversed, and a new trial ordered, with costs to appellant to abide the event.

SCOTT, J., concurs.

MacLEAN, J.

Deeming that the plaintiff is entitled to a judgment upon the evidence, I dissent.

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DAVIS, J.

The judgment awarded damages to the plaintiff for a breach of covenant in a lease requiring the defendant to erect a front sidewalk garden within a specified time, and for a failure to restore certain rooms to a habitable condition. The evidence upon which the judgment was based is vague and speculative, and does not support an^ proper rule for estimating the damages, if, indeed, any were sustained. The judgment should be reversed, and a new trial ordered, with costs to appellant to abide the event.

SCOTT, J., concurs.

MacLEAN, J.

Deeming that the plaintiff is entitled to a judgment upon the evidence, I dissent.

Berger v. La Grasse, 92 N.Y.S. 1115 (N.Y. Ct. App. 1905).

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