Lubelsky v. Haimowitz

Appellate Terms of the Supreme Court of New York

Lubelsky v. Haimowitz

123 N.Y.S. 974

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 24, 1910

StatusPublished

This text of 123 N.Y.S. 974 (Lubelsky v. Haimowitz) 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

Lubelsky v. Haimowitz, 123 N.Y.S. 974 (N.Y. Ct. App. 1910).

Pincite

Opinion

BIJUR, J.

The plaintiffs, landlords, sued for rent due under a lease. The defendant counterclaimed for breach of a covenant to [975]*975repair. The repairs claimed were to ovens and chimneys connected with the basement of the premises. The lease describes the premises rented as “the basement bakery.” I think that the judge below erred in holding that the ovens and chimneys were not part of the premises so described.

The judgment is reversed, and a new trial ordered, with costs to appellant to abide the event. All concur.

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BIJUR, J.

The plaintiffs, landlords, sued for rent due under a lease. The defendant counterclaimed for breach of a covenant to [975]*975repair. The repairs claimed were to ovens and chimneys connected with the basement of the premises. The lease describes the premises rented as “the basement bakery.” I think that the judge below erred in holding that the ovens and chimneys were not part of the premises so described.

The judgment is reversed, and a new trial ordered, with costs to appellant to abide the event. All concur.

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Bluebook (online)

123 N.Y.S. 974, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lubelsky-v-haimowitz-nyappterm-1910.