Feinstein v. Gottfried

Appellate Terms of the Supreme Court of New York

Feinstein v. Gottfried

107 N.Y.S. 881

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 20, 1907

StatusPublished

This text of 107 N.Y.S. 881 (Feinstein v. Gottfried) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Feinstein v. Gottfried, 107 N.Y.S. 881 (N.Y. Ct. App. 1907).

Pincite

Opinion

PER CURIAM.

This judgment must be reversed. The record shows that there was a fire upon the premises and some destruction necessarily ensued. Without further comment upon that feature than to say that the defendant seemingly was given to exaggeration of conditions produced, it was without doubt proven that the tenant maintained possession and never left the premises. He. cannot keep possession and refuse to pay rent. He must give up one or the other. Having in this case kept the possession, he must respond in compensation therefor, and there is nothing in the lease that makes this conclusion inconsistent with its terms.

Judgment reversed, and new trial ordered, with costs to appellant to abide the event.

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PER CURIAM.

This judgment must be reversed. The record shows that there was a fire upon the premises and some destruction necessarily ensued. Without further comment upon that feature than to say that the defendant seemingly was given to exaggeration of conditions produced, it was without doubt proven that the tenant maintained possession and never left the premises. He. cannot keep possession and refuse to pay rent. He must give up one or the other. Having in this case kept the possession, he must respond in compensation therefor, and there is nothing in the lease that makes this conclusion inconsistent with its terms.

Judgment reversed, and new trial ordered, with costs to appellant to abide the event.

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Bluebook (online)

107 N.Y.S. 881, Counsel Stack Legal Research, https://law.counselstack.com/opinion/feinstein-v-gottfried-nyappterm-1907.