Epstein v. Hirshfields
This text of 135 N.Y.S. 1110 (Epstein v. Hirshfields) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The complaint, which was verified, contained no allegation that the steam plant and the radiators in the" building yere under the exclusive control of the landlord, and that he was obligated to keep the same in repair, nor was there any proof given upon the trial to that effect. The dismissal of the complaint was therefore proper, but judgment should have been entered without prejudice to a new action. Judgment modified, by inserting therein the words “without prejudice to a new action," and, as modified, affirmed, without costs in this court to either party.
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Cite This Page — Counsel Stack
135 N.Y.S. 1110, Counsel Stack Legal Research, https://law.counselstack.com/opinion/epstein-v-hirshfields-nyappdiv-1912.