Higgins v. Fox
This text of 202 A.D. 734 (Higgins v. Fox) 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
Judgment and order of the City Court of New Rochelle reversed upon the law and the facts, with costs, and a new trial granted. It was incumbent upon defendant to examine the premises prior to the execution of the lease, and the responsibility of doing this rested upon him. (Franklin v. Brown, 118 N. Y. 110, 115.) There was no express covenant or warranty contained in the lease, and under the circumstances defendant assumed the risk of the condition of the premises. (Zerega v. Will, 34 App. Div. 488, 490.) Blaekmar, P. J., Rich, Jaycox, Manning and Kelby, JJ., concur.
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202 A.D. 734, Counsel Stack Legal Research, https://law.counselstack.com/opinion/higgins-v-fox-nyappdiv-1922.