Friedland v. Vogel

Appellate Terms of the Supreme Court of New York

Friedland v. Vogel

105 N.Y.S. 1116

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 6, 1907

StatusPublished

This text of 105 N.Y.S. 1116 (Friedland v. Vogel) 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

Friedland v. Vogel, 105 N.Y.S. 1116 (N.Y. Ct. App. 1907).

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Opinion

PER CURIAM.

Irrespective of the question) of constructive eviction, the clause in the lease relied upon by the defendant constitutes under the authorities a conditional limitation. Kelly v. Varnes, 52 App. Div. 103, 64 N. Y. Supp. 1040 ; Estelle v. Dinsbeer, 9 Misc. Rep. 488, 30 N. Y. Supp. 243. Plaintiff was entitled to recover the rent for the month of October only, and judgment must be modified accordingly. Judgment modified, by reducing the amount of recovery to the sum of $22.50, and, as modified, affirmed, without costs.

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PER CURIAM.

Irrespective of the question) of constructive eviction, the clause in the lease relied upon by the defendant constitutes under the authorities a conditional limitation. Kelly v. Varnes, 52 App. Div. 103, 64 N. Y. Supp. 1040 ; Estelle v. Dinsbeer, 9 Misc. Rep. 488, 30 N. Y. Supp. 243. Plaintiff was entitled to recover the rent for the month of October only, and judgment must be modified accordingly. Judgment modified, by reducing the amount of recovery to the sum of $22.50, and, as modified, affirmed, without costs.

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Bluebook (online)

105 N.Y.S. 1116, Counsel Stack Legal Research, https://law.counselstack.com/opinion/friedland-v-vogel-nyappterm-1907.

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